Tier-2 (Skilled visa) Dependent ILR query

Dear All,

I am super happy that one of the acquaintances informed me about this website and hopeful my doubts will be clear now!!

I am on Tier-2 general (skilled) visa and my wife is on a dependent visa. We moved to the UK in Oct 2019. We are around 15 months away from the ILR.

My wife is planning to visit India for medical attention as she is pregnant and would stay for more than 180 days. There is mixed information I am getting from the people that have confused me.

My queries are:
1. Is there any rule that says dependent visa holders can be eligible for ILR for 3yrs only?
2. We have stayed in the country for almost 4yrs and have never been out for a continuous 180 days. Is there a way to stay 180 days out of the UK and then be eligible for the ILR when she comes back? Or will the cycle start from zero?
3. Is there any way to stay in India for more than 180 days and still be available for the ILR?
4. Is there any calculator that can help us to calculate the number of allowed days to stay away from the UK and be eligible for the ILR?

Here is the list of dates we were away from the UK if that would make any difference in the decision of visiting India for a few months?
11 November 2021 - 31 January 2022 (80days)
18 October 2022 - 24 October 2022 (5days)
31 January 2023 - 1 April 2023 (59days)
18 May 2023 - 24 May 2023 (6days)

Many thanks in advance,
Please this is critical for us.

india2london wrote: ↑

Sun Aug 20, 2023 9:42 am

1. Is there any rule that says dependent visa holders can be eligible for ILR for 3yrs only?

No.
It used to be the case that spouses of British citizens (not those on other visas) were eligible for ILR after two years. But that provision was removed in 2012. Now all spousal visas need to last at least five years before being eligible for ILR.

1. Is there any rule that says dependent visa holders can be eligible for ILR for 3yrs only?

No. Also, a PBS Dependent CANNOT apply for ILR if the main PBS migrant does not apply for ILR.

2. We have stayed in the country for almost 4yrs and have never been out for a continuous 180 days. Is there a way to stay 180 days out of the UK and then be eligible for the ILR when she comes back? Or will the cycle start from zero?

If she is absent for 180 days or more in ANY 12 month rolling period, she is not eligible for ILR. There is no secret way to do stay out of the UK. If she does, her clock for ILR resets to zero when she returns and a new 5 year route before she can apply for ILR. Those are the rules, there is no discretion.

3. Is there any way to stay in India for more than 180 days and still be available for the ILR?

No there is not.

4. Is there any calculator that can help us to calculate the number of allowed days to stay away from the UK and be eligible for the ILR?

No, there is no calculator. Use a spreadsheet to work it out. It is no more than 180 days in ANY 12 month rolling period, excluding the date of departure and the date of arriving back. So you only count WHOLE days out of the UK.