Have Tier-2 General but falling Short of 2 Months for ILR

Hello All,

I am an Indian Tier-2 General migrant who came to the UK on 29th March 2015. I am completing my 5 years in the UK on 31st March 2020. I can apply for ILR 28 days before completion date which is 3rd March 2020

I have been working for a single Employer throughout my visa tenure here in the UK(Offshore to Onshore deployment). I was working for a client of my Employer since my arrival. Unfortunately, the client is now ending the contract with my employer on 20 December 2019 and my Employer has asked me to go back to India and join the offshore business again. This means that
1. I am falling short of 2 Months 13 days for applying my ILR in the UK
2. My current salary is £35,383 PA which is £417 less than the minimum salary threshold of £35,800 for T2G applying for ILR before 6 April 2020

So, my questions are:
Q1: Is it possible to apply for ILR just now under these circumstances? If so does it have chances of being rejected?
Q2: Me, My Wife (T2G Dependent) and my child (T2G Dependent Born in the UK) all have current visa validity till 18 May 2020. If I change a T2G sponsor now, do I have to immediately file new visas for my wife and child as well? or can theirs be renewed a month before their visa expiry on 18 May?
Q3: My Wife is completing her 5 years under T2G dependent on 16 August 2020 but she is currently in India since 27 October 2020. Does the 180 days residency rule apply to her? or is the limit reduced to only 60 days for her because she is in her last year running up to ILR?

If anyone can answer these I would be much much obliged. Many thanks for your time in advance!

As a tier 3 general visa holder, you can of course find another job and sponsor and change tier 2 visas. Presumably you were being paid by your employer and not the client??

Also, what date were your and your dependents ISSUED??? For ilr you count from visa issue date and NOT date of entry.

1. If you apply too early it will be rejected.

2. Unclear when your dependents came to the UK as you say they need an extension.

3. You really need to check the dates you have posted. How can she have been absent from a date in the future. When was her last visa granted, before or after 11 January 2018? Where do get the idea that the last year before ilr only has a 60 days limit???

Hello Moderator CR001, First of all, thank you a ton for taking time off to reply in such detail. For your questions, I have filled in my answers inline (in green) so hope this helps you in addressing my queries

CR001 wrote: ↑

Sat Dec 07, 2019 5:14 pm

As a tier 3 general visa holder, you can of course find another job and sponsor and change tier 2 visas. Presumably you were being paid by your employer and not the client?? [Suyog: Yes, I am being paid by my Employer. My Employer services multiple clients in the UK. Unfortunately, they couldn't find me any other open position within the existing pool of clients]

Also, what date were your and your dependents ISSUED??? [Suyog: My Wife's first temporary visa was issued in India and it was valid from 24/07/2015 to 23/08/2015. She first landed in UK on 18/08/2015. Her BRP collected in UK then replaced her temporary visa which was valid from 24/07/2015 till 22/04/2017. My daughter was born in the UK on 13/05/2018 and her initial dependent visa was valid from 22/10/2018 until 05/05/2019. My initial visa was valid from 21/03/2015 but I landed in the UK on 29/03/2015] For ilr you count from visa issue date and NOT date of entry. [Suyog: Ok. Then I suppose if I even consider by 5 year completion date to be 21/03/2020, I will still be 2 months 2 days short from 20 December this year]

1. If you apply too early it will be rejected. [Suyog: I see ]

2. Unclear when your dependents came to the UK as you say they need an extension. [Suyog: Apologies for missing this. I have now mentioned the dates in the answer above]

3. You really need to check the dates you have posted. How can she have been absent from a date in the future. [Suyog: Apologies, this was a typo. I meant she has gone to India on 27/10/2019, which was just over a month ago] When was her last visa granted, before or after 11 January 2018? Where do get the idea that the last year before ilr only has a 60 days limit??? [Suyog: One of my friends told me that UKVI prefers absence only until 3 months in the last year running up to ILR, if not they ask for additional justifications for why such long leave was required...I am not too sure I have ready this requirement officially but that's why that question was]

Your friends are talking nonsense about the 3 months in final year. This requirement or limit on absence applies ONLY to British citizenship applications.

As your spouse has a current visa issued before 11 January 2018, there is no absence limit.

She will still need an extension, which will be a 3 year PBS dependent extension.