Tier 2 Visa Dependant - 180 days rule for ILR under COVID-19

Hieveryone,

I have moved to London, UK based on a Tier 2 dependant visa in May 2019. My BRP was issued as of 9th May 2019 and valid till May 2024.

As of 2020, 13th of March, I and my wife had to travel from UK to Turkey and then we couldn't return back to the UK as planned due to the travel bans announced by Turkish Government on 16/03/2020 as a result of COVID 19. We're still in Turkey as there have been no international flights since then.

Could you please help us understand whether this period has an impact on our ability to apply for ILR? I am concerned that our last visit may cause us to spend more than 180 days outside the UK in my first year( last 12 months). I suppose that between 9th May 2019-9th May 2020 my total absence days would be around 190-195 days including last 55-60 days under COVID 19 restrictions.

As this stemmed from an unforseenable global pandemic, can I please learn the time I had to spend in Turkey will be deducted from 180 day rules? Do you know whether there is any possibility to exempt this period from my 180 day period?

I appreciate your guidance on this.

P.S. By the way, my partner's BRP (Tier 2 General) will be expired in May 2024 and she didn't have 180 days absence in her first year. For now, she is fine.

My other question:

What happens if my wife's ILR application will be accepted after 5 years 14 days and my application rejected due to exceeding 180 days rule in my first year? Probably we will apply together for this but I am wondering what are the other options for Tier 2 Dependant visa holders to extend it in such a case?

Best regards

Your dependent cannot get ilr on her own if you don't get ilr. A tier 2 dependent can only qualify for ilr when the main tier 2 visa holders applies or after the main visa holder already has ilr.

There has been no relaxation of the 180 days absence rule for ilr.

A dependent can extend their visa as many times as they want.

You as the main tier 2 visa holder has a maximum of 6 years you can hold a tier 2 visa for.

Hi,

Thank you so much for your valuable response.

According to your explanations, I suppose that options could be as follows.

After 5 years 14 days,

- If main Tier 2 visa holder has eligible to apply for ILR, Tier 2 Dependant has a right, too.

- In my case, if Tier 2 Dependant has a possibility to fail from 180 days rule in any 12 months period during 5 years 14 days, Tier 2 Dependant won't be eligible to apply for ILR but can extend their visa to coninue to work and live in the UK. Is that correct?

And, my other questions are:

- Will type of extended visa change or not? Will extended visa be named as Tier 2 Dependant again?

- What is the longest period to extend dependant visa after 5 years 14 days? 1 year, 2 years, 3 years, 4 years, 5 years, etc???

- As I understand there is no limitation to extend Tier 2 Dependant visa. It can be extended until Tier 2 dependant is eligible for ILR application, right?

Many thanks

BR

- If main Tier 2 visa holder has eligible to apply for ILR, Tier 2 Dependant has a right, too.

You all need to meet the 180 days absence limit. As your visas are granted after 11 January 2018, absence is calculated on a rolling basis and not per 12 month period like may to may.

- In my case, if Tier 2 Dependant has a possibility to fail from 180 days rule in any 12 months period during 5 years 14 days, Tier 2 Dependant won't be eligible to apply for ILR but can extend their visa to coninue to work and live in the UK. Is that correct?

Correct.

- Will type of extended visa change or not? Will extended visa be named as Tier 2 Dependant again?

No, it is a PBS dependent visa extension and will be a 3 year extension.

- What is the longest period to extend dependant visa after 5 years 14 days? 1 year, 2 years, 3 years, 4 years, 5 years, etc???

If you get or have ilr, it is a 3 year extension for dependents.

- As I understand there is no limitation to extend Tier 2 Dependant visa. It can be extended until Tier 2 dependant is eligible for ILR application, right?

Yes.