How long can PBS dependent stay in UK without main applicant

I am currently on a PBS dependent visa. My wife holds a PBS visa that is valid until March-2022. She is pregnant and needs to travel to India to be with her family. My question is, can I (dependent) stay in the UK for two months (my employer is ready to sponsor a visa for me by December) while my wife (main applicant) is outside UK?

Thanks,
Raja

While I will leave the main question (of how long a PBS dependent can reside in the UK with the main sponsor being abroad) alone, as I do not know the answer to that, I will point out that switching from a PBS Dependent visa to a sponsored Skilled Worker visa will reset your ILR clock to zero and you will need to complete five full years on the Skilled Worker visa to qualify for ILR (i.e. your time on PBS Dependent visa will not count for ILR).

Likewise, if your spouse returns to the UK on a Skilled Worker dependent visa (or switches to such a visa after arriving in the UK), her previous time spent in the UK on a PBS work visa will not count towards her ILR. She will need to return to the UK before her current visa expires in March 2022 and extend that visa from within the UK to keep the five year clock ticking for her ILR.

Mixing and matching different types of visas is only possible on the 10 year Long Residence ILR.

Also, if the child is born abroad, keep in mind that the child will have the same UK immigration status as that of the less-privileged parent, will need to apply for ILR along with the second parent and can only register as a British citizen when at least one parent has British citizenship AND both the child and second parent have ILR.

If the child is born in the UK, they can be registered as a British citizen without ILR and as soon as at least one parent has ILR. That may save a small fortune in ILR and other visa fees.

Factor all that in when making a decision on where to have the child.

rajaguru wrote: ↑

Tue Sep 28, 2021 10:10 pm

I am currently on a PBS dependent visa. My wife holds a PBS visa that is valid until March-2022. She is pregnant and needs to travel to India to be with her family.

Leaving aside the issues discussed by @secret.simon, is or will your wife be on maternity leave or has or will her sponsorship be terminated? If so, from when?

Thanks Simon for sharing details about ILR.

Hi Manci, My wife is planning to be on maternity leave from the 20th of October- she will be traveling to India. And my employer is ready to sponsor the visa only by the month of December. So, there is about 40-45 days where I will have to be in the UK while the main applicant is outside UK. Kindly let me know if that is permitted.

rajaguru wrote: ↑

Mon Oct 04, 2021 4:04 pm

My wife is planning to be on maternity leave from the 20th of October- she will be traveling to India.

As your wife remains a sponsored worker during her maternity leave, and is free to travel, I see no reason why you as her dependant shouldn't be able to stay and continue working in the UK during her maternity leave.

rajaguru wrote: ↑

Mon Oct 04, 2021 4:04 pm

my employer is ready to sponsor the visa only by the month of December

Your prospective sponsor could assign a CoS to you now with the work start date in December and you can apply for a skilled worker visa once you have the CoS.

Many thanks Manci. This helps me a lot.

Regards,
Raja