How long can BRP (PBS Dependent) holder stay outside UK

[mzmu_mjl06]

Hello all,

I’m a bit confused with the way forward; I would really appreciate for some wise advice.

I came to UK in Dec’22 on Tier-2 with my wife & 2 kids. Unfortunately my wife & kids had to leave for India after collecting BRPs as my wife is pregnant and it was really hard her to manage here as she was new and we didn’t have proper family accommodation.

My question is how long can the dependants (Wife + 2 Kids) can stay outside the UK? Will there be a problem entering UK if stayed more than 6 months (or) so? Or will the BRP gets cancel or so??

I heard that there will be problem while filing for ILR after 5 years, but I am ready to apply for ILR after 6th year.

[CR001]

My question is how long can the dependants (Wife + 2 Kids) can stay outside the UK?

There is an absence limit relative only to ILR. She can stay out of the UK as long as she wishes.

Will there be a problem entering UK if stayed more than 6 months (or) so? Or will the BRP gets cancel or so??

No and No.

I heard that there will be problem while filing for ILR after 5 years,

ANY absence of 180 days or more in ANY 12 month rolling period breaks their continuity of residence.

but I am ready to apply for ILR after 6th year.

It doesn't matter, any absence of 180 days in any 12 month rolling period breaks the continuity of residence.

[mzmu_mjl06]

It doesn't matter, any absence of 180 days in any 12 month rolling period breaks the continuity of residence.

Will this be a problem during ILR you mean?

[CR001]

It doesn't matter, any absence of 180 days in any 12 month rolling period breaks the continuity of residence.

Will this be a problem during ILR you mean?

Yes. Any absence of 180 days or more makes you/them ineligible for ILR and you/them will keep having to apply for extensions and apply for ILR only when you meet ALL the requirements.

[mzmu_mjl06]

It doesn't matter, any absence of 180 days in any 12 month rolling period breaks the continuity of residence.

Will this be a problem during ILR you mean?

Yes. Any absence of 180 days or more makes you/them ineligible for ILR and you/them will keep having to apply for extensions and apply for ILR only when you meet ALL the requirements.

I am planning to bring back to UK in Sep'23 by that time they will be completing 8 months outside UK. Question 1: When can they legally apply for ILR through 5 years route? Does the 5 year cycle starts when they come in Sep'23?? If yes, then I don't mind doing this.
Question 2: Will this also be a problem for my ILR? I am still in UK legally on Tier-2.

[CR001]

I am planning to bring back to UK in Sep'23 by that time they will be completing 8 months outside UK. Question 1: When can they legally apply for ILR through 5 years route? Does the 5 year cycle starts when they come in Sep'23?? If yes, then I don't mind doing this.
Question 2: Will this also be a problem for my ILR? I am still in UK legally on Tier-2.

1. Once they return to the UK, they have to wait 5 years before they can apply for ILR, provided they don't have long absence again as each time they do, their 5 year ILR clock resets to zero.

2. They absence does NOT affect YOU!!

[mzmu_mjl06]

I am planning to bring back to UK in Sep'23 by that time they will be completing 8 months outside UK. Question 1: When can they legally apply for ILR through 5 years route? Does the 5 year cycle starts when they come in Sep'23?? If yes, then I don't mind doing this.
Question 2: Will this also be a problem for my ILR? I am still in UK legally on Tier-2.

1. Once they return to the UK, they have to wait 5 years before they can apply for ILR, provided they don't have long absence again as each time they do, their 5 year ILR clock resets to zero.

2. They absence does NOT affect YOU!!

Thanks a lot dear. Now it's clear.