Immigrationboards.com

Hi,

My family ( myself, wife and daughter ) where given Tier 2 General visa in Apr-2014 valid until May-2017. Myself as main applicant and my wife & daughter as PBS Dependents.

My wife and daughter first entered into UK in June-2014, as PBS dependents.

We had second child in 2015. My wife and both daughters left UK in June-2016, reason : to raise our second daughter we needed family support.

While they were outside UK, their Tier 2 PBS Dependent visa expired in May-2017.

My family ( wife, and both daughters) applied for Tier 2 General dependent visa in Aug-2017 and granted PBS Dependent Leave to Enter visa valid until Apr-2020. They came back to The UK in Sep-2017 , and living with me in The UK.

I will be completing 5 years continuous residence in the UK by Apr-2019, and planning to apply ILR in Apr-2019.

I am not clear, whether my dependents eligible for ILR in Apr-2019 ?, given the gap in their VISA.

Below are key dates of my dependents stay,

First Tier 2 General (PBS Dependent) Visa Issued : Apr-2014 Valid till : 05-2017 Place : India

First stay in The UK Jun-2014 to June-2016

Second Tier 2 General (PBS Dependent) Visa Issued : Aug-2017 Valid till : 04-2020 Place: India

Second Stay in The UK Sep-2017 to Till Date

Appreciate if someone can help/clarify my dependents (Wife and Child born outside The UK) eligibility for ILR in Apr-2019 please.

Regards,
Mathav

The guide on calculating the continuous leave says:

If an applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 14 days after their previous leave expires, for any reason, the continuous period is broken and leave is not aggregated. The continuous period would also be broken where the gap is within 14 days but you do not consider the reasons provided to be sufficiently compelling.

Thank you Zimba. The quote you shared precisely clarifies my question.