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PBS dependant when main applicant has citizenship

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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CH12345
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PBS dependant when main applicant has citizenship

Post by CH12345 » Wed Jan 18, 2023 7:26 am

Hello,
Please I will appreciate some advice.
I moved here 2013, NHS Dr, now have citizenship
Husband and daughter (12 years old) Tier 2 dependents since 2015, their visas expire next month. Daughter has had continous residence for 6+ years.
Husband has been in and out and we have collated his absences, there is no single year where he will meet the criteria of 180 days, all absences have been approximately 200 days per year. Therefore seems he won’t qualify for ILR?
My questions please:
1. What route does husband go on ? spousal visa? tier 2 dependent extension? but I haven’t been on this visa for many years, so I don’t have the required COS. I also wondered if it would be possible to apply for them as dependants of health and social care worker visa, which is very cost effective but again I don’t have a COS.
3. Will they still need to pay IHS , since I am still working in healthcare NHS ?
4. If husband doesn’t qualify for ILR, what happens to my daughter? The website says both parents should be “present and settled”, does “settled” mean ILR? If she doesn’t qualify for ILR and my husband is going for spousal visa for instance, what category will she apply under?
5. We would like to apply for ILR for my daughter, but only if she is eligible and has a high chance of being granted.
6. Does the continuous residence rule apply for spousal visa… if we applied now and his clock is reset, will he need to maintain the rule for the next 5 years.
Will deeply appreciate any advice from experience.
Thanks and apologies for the lengthy post.

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CR001
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Re: PBS dependant when main applicant has citizenship

Post by CR001 » Wed Jan 18, 2023 7:41 am

The 180 days absence limit only applies to visas or extensions issued on or after 11 January 2018. So work out what his absence is in any 12 month period for a visa issued after this date.

Your daughter will only qualify to apply for ILR when your spouse does.

Switching to spouse visa resets the 5 year ILR clock to zero.

IHS is payable. They apply for a skilled worker dependent visa extension which is a 3 year extsnion and use the will last cos you had in the form.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CH12345
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Posts: 9
Joined: Tue Jan 22, 2019 1:44 pm

Re: PBS dependant when main applicant has citizenship

Post by CH12345 » Fri Jan 20, 2023 11:59 pm

Thank you very much. Very helpful advice. I didn’t know about the 2018 rule.

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