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Hi,
I need clarification on my wife’s ILR eligibility. I hope to quick advise to decide on the next steps.
I came to UK in 2010 in Tier 2 ICT Visa. I got the ILR on 05/01/2015.
Applied ILR dependant for my wife and first child from India which was granted for 2.5 years and extended the visa from UK for another 2.5 years. She has been away from UK more than 180 days due to first child and second child delivery (absence details are given below).
I was under the impression that spouse dependant visa doesn’t account for absence details for ILR but I am worried by reading different forums giving different information though the situation and visa type is not similar. Documents given in the GOV website also doesn’t give straight forward answers. Can someone please help me?

Note: I have submitted by naturalisation application last week and waiting for the decision.
Note: Before having ILR dependant visa, she was here in UK using Tier 2 ICT work visa. she went back to india for maternity and came back to uk using ILR dependant visa

1. Can my wife and kids go for ILR in Sep 2020? If not, what are the options?
2. If get my British citizenship in 6 months’ time, can I apply citizenship for my kids based on mine?


Visa Details - wife:

Start Date | End Date | Visa Type | Applied From | Form submitted on
----------------------------------------------------------------------------------------------------------------------------
24/04/2015 | 24/01/2018 |Spouse CP | India | 25/02/2015
09/03/2018 | 11/09/2020 |Spouse /Partner Leave to Remain | UK |22/01/2018

Visa Details - Child 1:

Start Date | End Date | Visa Type | Applied From | Form submitted on
----------------------------------------------------------------------------------------------------------------------------
24/04/2015 | 24/01/2018 |To acc Mother/CRY | India | 25/02/2015
09/03/2018 | 11/09/2020 |Dependant Leave to Remain | UK |22/01/2018

Visa Details - Child 2:

Start Date | End Date | Visa Type | Applied From | Form submitted on
----------------------------------------------------------------------------------------------------------------------------
04/07/2019 | 11/09/2020 |Leave to Enter | India | 25/03/2019

Absence Details:

Exit From UK | Entry into UK | No of Days Absent | Reason
-------------------------------------------------------------------------
--- | 21/06/2015 | | First entry into UK using dependant visa
09/01/2016 | 07/07/2016 | 179 days | Family Visit to India
28/01/2017 |18/02/2017 | 20 days | Family Visit to India
23/11/2017 | 09/12/2017 | 15 days |Family Visit to India
14/08/2018 | 21/07/2019 | 340 days |2nd delivery in India and came back to UK on 21/07/2019

Please respond at the earliest possible.

Absence is irrelevant.

Thanks for the quick response. Much appreciated!!
One more clarification please. so, the new reinstated rules of 180 days absence for dependants effective from 11th January 2018, doesn't apply here?

if so,
can i apply for ILR on April 24, 2020 (5 years completed based on visa start date 24/04/2015)? or should I apply for ILR on June 21, 2020 ( 5 years completed based on visa UK entry date 21/06/2015)?

Thanks in advance!

One more clarification please. so, the new reinstated rules of 180 days absence for dependants effective from 11th January 2018, doesn't apply here?

It ONLY applies to those who hold PBS Dependent visas. Your spouse does not hold this visa.

if so,
can i apply for ILR on April 24, 2020 (5 years completed based on visa start date 24/04/2015)? or should I apply for ILR on June 21, 2020 ( 5 years completed based on visa UK entry date 21/06/2015)?

ILR for your spouse is based on the date of ENTRY to the UK and she can apply no sooner than within 28 days before the 5th anniversary of the entry date.

Thanks very much for the clarification. Much appreciated!!

Sorry to bother you again. One final question, As I am expecting to get the British citizenship by July 2020. when my wife and kids can apply for the citizenship?

senthilnathsr wrote: ↑

Fri Feb 14, 2020 4:00 pm

Thanks very much for the clarification. Much appreciated!!

Sorry to bother you again. One final question, As I am expecting to get the British citizenship by July 2020. when my wife and kids can apply for the citizenship?

They can apply as soon as they have ILR and you are British. If you are not British, then they have to wait till you are or 12 months on ILR.

Thanks a lot for your response.!!

Hi,
One more clarification please, I think it is very important.

As i stated earlier, my second child came into UK on 21/07/2020 (Visa Stamped as "Dependant Leave to Remain ") and he was granted visa only till 11/09/2020 (inline with mother's visa end date) though i paid the IHS surcharge for 2.5 years, home office granted visa only for 14 months.

Now i got a doubt that my second child can apply ILR along with mother or i have to apply to extend the visa till he spends 5 years in uk? Please help.

Child can apply with mother. There is no minimum residence for children.

Thanks for the response.

In that case, home office should have charged only for 14 months of IHS surcharge.. Poor me