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Eligibility of PBS dependents for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kmhah1525
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Eligibility of PBS dependents for ILR

Post by kmhah1525 » Mon Mar 29, 2021 12:53 pm

Dear experts,
Hope you are well.
I need an advice on the following situation please.
I moved to the UK on 20 January 2015 for PhD and my family (wife and three kids) accompanied me. I was on a Tier 4 General visa and accordingly my family members got the Tier 4 Dependent visa. Our visas were valid up to 31 May 2019, by that time, I had completed my PhD and was offered a job at the University which I accepted. However, at that time, I could not get Tier 2 Visa and rather obtained a Tier 4 Doctorate Extension Scheme visa. When the dependent visas of my family ended on 31 May 2019, they moved back to the home country since till then I did not have the Tier 2 visa and was not sure whether I will get it or not. While they were away, I got the sponsorship for Tier 2 visa from my University and switched to it on 16 Jul 2019. This visa was valid for five years and had a validity up to 26 July 2024. I then applied for my family’s Tier 2 Dependent visas again which they got on 12 Sep 2019 with a validity up to 24 July 2024 and they traveled back to UK.
Now, I am switching to Global Talent visa and I will become eligible for ILR in July 2022 (having spent three years combined from Tier 2 and Global Talent Visas). My family’s visa is still the same (PBS dependent visa valid up to 26 July 2024). In this scenario, I have following questions:
1. Can my family also apply for ILR with me in July 2022 because they have been my dependents in UK for more than 5 years (starting from January 2015, but they were away for 3 months and 12 days without visa)?
2. If the entire family can not get ILR in July 2022, can my kids apply for the ILR at the same time as me as they will have completed more than 7 years in the UK education system by July 2022?
3. If both of the above requests can not be entertained, when will my family (wife as well as children) be eligible for the ILR? My worry is that if they have to spend five years continuous period as dependents, then by 26 July 2024 (the validity of their current visa), they will have spent 4 years, 10 months and 15 days and will still be 17 days short of their eligibility for ILR based on 5 years period (including the relaxation period of 28 days when the application can be made). At that time, I would hopefully have the UK citizenship so I am not sure which visa will they be able to get in order to continue their legal stay beyond 26 July 2024. Will it be possible to extend their PBS dependent visas for another year which can then make them eligible for ILR? If that won’t be possible, then they will probably have to switch to the dependents of a UK citizen visa at that stage? Will that mean that they will have to spend another five years to get the ILR?
I really apologize for this lengthy post, but I am totally lost, confused, and extremely worried about the entire situation. I shall be grateful for the help and response to these queries.
Thanking in anticipation.

manci
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Re: Eligibility of PBS dependents for ILR

Post by manci » Tue Mar 30, 2021 9:26 pm

Read this post:
uk-tier-1-exceptional-talent-visas/urge ... 14606.html

IMHO after you obtained ILR in 2022 your dependants can switch to GT dependant permissions (visas) which will be valid for 3 years (until 2025), i.e. beyond the min. 5 years continuous residence needed for their ILR.
Personal opinion, not professional or legal advice

kmhah1525
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Re: Eligibility of PBS dependents for ILR

Post by kmhah1525 » Tue Mar 30, 2021 9:39 pm

manci wrote:
Tue Mar 30, 2021 9:26 pm
Read this post:
uk-tier-1-exceptional-talent-visas/urge ... 14606.html

IMHO after you obtained ILR in 2022 your dependants can switch to GT dependant permissions (visas) which will be valid for 3 years (until 2025), i.e. beyond the min. 5 years continuous residence needed for their ILR.
Dear Manci,

Many thanks for your response. So that means, neither the partner, nor the children can be eligible for ILR (in any way) in July 2022 based on the time they have spent already? I have been trying to find in the rules but I could not see the requirement of Continuous period for the dependents (surely I have missed it). Can you please share the guidance which describes the continuous period requirement for dependents?

I also believed that if the dependents switch to GTV dependent visa, their clock will reset and they will have to complete five years again?

Thanks once again for the help.
Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Eligibility of PBS dependents for ILR

Post by manci » Tue Mar 30, 2021 10:12 pm

Can you please share the guidance which describes the continuous period requirement for dependents?
Read the immigration rules appendices Global Talent and Continuous Residence
https://www.gov.uk/guidance/immigration-rules
kmhah1525 wrote:
Tue Mar 30, 2021 9:39 pm
I also believed that if the dependents switch to GTV dependent visa, their clock will reset and they will have to complete five years again?
No, they can extend their dependant visas without their ILR clock being reset. The clock would only reset if they applied for a family of a settled person visa which may sounds similar but is different from a dependant visa. Read carefully CR001's input in the post I referenced above
Personal opinion, not professional or legal advice

kmhah1525
Newly Registered
Posts: 17
Joined: Sat Oct 03, 2020 9:54 pm
Mood:
Moldova

Re: Eligibility of PBS dependents for ILR

Post by kmhah1525 » Tue Mar 30, 2021 10:33 pm

manci wrote:
Tue Mar 30, 2021 10:12 pm
Can you please share the guidance which describes the continuous period requirement for dependents?
Read the immigration rules appendices Global Talent and Continuous Residence
https://www.gov.uk/guidance/immigration-rules
kmhah1525 wrote:
Tue Mar 30, 2021 9:39 pm
I also believed that if the dependents switch to GTV dependent visa, their clock will reset and they will have to complete five years again?
No, they can extend their dependant visas without their ILR clock being reset. The clock would only reset if they applied for a family of a settled person visa which may sounds similar but is different from a dependant visa. Read carefully CR001's input in the post I referenced above
Thanks again, I will go through this guidance.
Regards

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