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kumar30s wrote: ↑

Sat Nov 21, 2020 12:54 am

Hello,

I have few queries about my wife's ILR eligibility. Kindly share your expertise and advise.

Currently I am on ILR (granted in April 2018). I got my ILR via Tier 2 General 5 years route (2013-2018).
My wife came to UK as Tier 2 dependent (PBS dependent leave to remain) in July 2016. see below issued valid visa dates to my wife:

17/06/2016 - 04/03/2019
09/08/2017 - 05/03/2019 (I switched companies, so has to redo my Tier 2 visa & my wife's dependent visa)
22/02/2019 - 22/02/2022 (current visa valid dates)
Just FYI she did not have to redo her PBS dependent visa after you switched employer but anyways it is done now. She could have carried on her initial PBS dep visa till 2019 before applying for an appointment extension.

** All visas have been issued under "PBS dependent leave to remain". Never been outside UK more than 180 days in 12 months (calculating every 12 months from 01/07/2016)
She did not have any absence limit on any leave that was granted before 11th Jan 2018. She has absence limits on/after 22/2/2019 in this case. Note the absence limit is also 180 days on rolling basis not only 180 days in one go
Now we are expecting our second baby and my wife planning to have baby in India. Which means staying in India for about 11 months. Currently, travel plan is in late Jan 2021(not yet finalised). My queries are:

1. As per my wife's first UK entry date (issue date not entry date, she will be eligible for ILR in June 2021. But as per above scenario, she is planning to stay outside UK for more than 180 days continuously (it will also break if she exceeds 180 days on rolling basis i.e. the 180-day limit is exceeded in any 12-month period on any leave that was granted after 11th Jan 2018. In this case after 22/2/2019- will her 5 years ILR eligible cycle time be broken (under PBS dependent)? Does she have to restart 5 years to be eligible again for ILR ?
Yes. Her continuous residency will be broken

2. When she comes back (Jan 2022), can she extend her visa under "PBS Dependent Leave to Remain" to cover lost ILR eligible time ? If yes, how long she has to extend to be eligible for ILR ?
No
If not eligible, what visa type she to apply to stay in the country ?
She will have to apply for spouse visa (family route) - you will have to meet the income requirements and all spouse visa specific requirements for her. She has to stay on spouse visa for 5 years before she can apply for ILR

3. Or is there different alternative route to apply ILR for my wife without losing her 4 years 7 month's time with above scenario ?
No. She can only apply when she completes 5 years minus 28 days from initial visa issue date

Please advise. Many thanks in advance.
Kumar

kumar30s wrote: ↑

Sun Nov 22, 2020 3:52 pm

Hi,
Thanks for the reply. Understood that ILR eligibility will be gone.

So I need to try and understand about next steps and need your further advise please :

1. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What visa type she has to apply in UK? is it Spouse visa ? (as per previous reply)
https://www.gov.uk/uk-family-visa. is this link correct for Spouse visa ?
Will this be same for the baby born outside UK ? Before entering UK, do we need to apply Family visa for baby as well?
ps - If I am still on ILR.
Yes

2. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - which visa she has to apply please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I am still on ILR.
Same FLR(M) for both

NOTE: If I become British Citizen in 2021, will this change visa type for my wife & new born baby ?
Kindly can you reply what Visa route to be taken for above mentioned situation, but difference will be British citizen instead of having ILR.
If you become British BEFORE the baby is born, the baby born in India will be British by descent. You will have to only apply for a British Passport in this case

a. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What is the visa type she has to apply in UK ?
And what visa should we apply for new born baby to enter UK ?
ps - If I have British passport.
See as above

b. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - what is the visa route for her please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I have British passport.
See as above

Sorry to ask too many questions, but I am trying to understand what needs to be done if any of the scenario arises. Appreciate your feedback & advise. Many thanks .

kumar30s wrote: ↑

Wed Mar 17, 2021 10:28 am

Thanks Zimba for quick reply.

regarding point 7 : Change of visa means, 5 years PBS clock resets and wait another 5 years under new visa to apply for ILR ?