Tier 2 Dependent ILR (Residence period/Interrupted)

Hi Team,

The below question is on behalf of my friend, wrt his family ILR residence period,

"
I am working here in the UK for the last 4 years on tier 2 general visa. My tier 2 visa stay is continuous and uninterrupted.
My wife and my kids are my dependents on tier 2 visa Point Based System. My question is about my family.
They left the UK on 31/7/2018 with a valid Biomertic Residence Permits (BRPs), then their tier 2 visas (BRPs) expired on 2/9/2018 while they are outside the UK.

Then I applied for them for new tier 2 dependent visas from outside the UK, which they used to enter the Uk again on 15/12/2018.

So, in total, they stayed outside the UK for four months & 16 days, and their tier 2 visa was expired for 3 months & 17 days WHILE BEING OUTSIDE THE UK.

Just to confirm, their tier 2 visas (BRPs) were expired on 2/9/2018 while they are outside the UK. They applied for new tier 2 visas (not extension) from outside the UK, then entered the UK on new tier 2 dependent BPS on 15/12/2018.

My question is:
Does my family still have the continuity of UK stay as myself, so they can apply for Indefinite Leave to Remain (ILR) at the same time as for me, or their tier 2 visa 5-years clock was reset when their tier 2 visas expired outside the UK?
In other words, will their previous tier 2 stay before 31/7/2018 be counted as a continuous tier 2 visa UK stay alongside their current/new tier 2 visas they used to enter the UK on 15/12/2018, or they broke the tier 2 continuity rule (The 3C rule)?
Waiting for your kind reply.
"

Thanks in advance.

Under PBS route, the continuous stay will be maintained if they applied for their new visa within 14 days of visa expiry.

Zimba wrote: ↑

Sat May 09, 2020 8:43 pm

Under PBS route, the continuous stay will be maintained if they applied for their new visa within 14 days of visa expiry.

Thanks Zimba,

They have applied from outside the UK for the new visa in 2018, does from inside the UK and from outside the UK is the same (i.e. the 14 days criteria from visa expiry)?

Thanks in advance.

In the UK you should apply before visa expiry or else you will become an overstayer.

Zimba wrote: ↑

Sun May 10, 2020 12:33 am

In the UK you should apply before visa expiry or else you will become an overstayer.

Thanks Zimb, much appreciated.