Eligibility of PBS dependents for ILR
Posted: Mon Mar 29, 2021 1:53 pm
Dear experts,
Hope you are well.
I need an advice on the following situation please.
I moved to the UK on 20 January 2015 for PhD and my family (wife and three kids) accompanied me. I was on a Tier 4 General visa and accordingly my family members got the Tier 4 Dependent visa. Our visas were valid up to 31 May 2019, by that time, I had completed my PhD and was offered a job at the University which I accepted. However, at that time, I could not get Tier 2 Visa and rather obtained a Tier 4 Doctorate Extension Scheme visa. When the dependent visas of my family ended on 31 May 2019, they moved back to the home country since till then I did not have the Tier 2 visa and was not sure whether I will get it or not. While they were away, I got the sponsorship for Tier 2 visa from my University and switched to it on 16 Jul 2019. This visa was valid for five years and had a validity up to 26 July 2024. I then applied for my family’s Tier 2 Dependent visas again which they got on 12 Sep 2019 with a validity up to 24 July 2024 and they traveled back to UK.
Now, I am switching to Global Talent visa and I will become eligible for ILR in July 2022 (having spent three years combined from Tier 2 and Global Talent Visas). My family’s visa is still the same (PBS dependent visa valid up to 26 July 2024). In this scenario, I have following questions:
1. Can my family also apply for ILR with me in July 2022 because they have been my dependents in UK for more than 5 years (starting from January 2015, but they were away for 3 months and 12 days without visa)?
2. If the entire family can not get ILR in July 2022, can my kids apply for the ILR at the same time as me as they will have completed more than 7 years in the UK education system by July 2022?
3. If both of the above requests can not be entertained, when will my family (wife as well as children) be eligible for the ILR? My worry is that if they have to spend five years continuous period as dependents, then by 26 July 2024 (the validity of their current visa), they will have spent 4 years, 10 months and 15 days and will still be 17 days short of their eligibility for ILR based on 5 years period (including the relaxation period of 28 days when the application can be made). At that time, I would hopefully have the UK citizenship so I am not sure which visa will they be able to get in order to continue their legal stay beyond 26 July 2024. Will it be possible to extend their PBS dependent visas for another year which can then make them eligible for ILR? If that won’t be possible, then they will probably have to switch to the dependents of a UK citizen visa at that stage? Will that mean that they will have to spend another five years to get the ILR?
I really apologize for this lengthy post, but I am totally lost, confused, and extremely worried about the entire situation. I shall be grateful for the help and response to these queries.
Thanking in anticipation.
Hope you are well.
I need an advice on the following situation please.
I moved to the UK on 20 January 2015 for PhD and my family (wife and three kids) accompanied me. I was on a Tier 4 General visa and accordingly my family members got the Tier 4 Dependent visa. Our visas were valid up to 31 May 2019, by that time, I had completed my PhD and was offered a job at the University which I accepted. However, at that time, I could not get Tier 2 Visa and rather obtained a Tier 4 Doctorate Extension Scheme visa. When the dependent visas of my family ended on 31 May 2019, they moved back to the home country since till then I did not have the Tier 2 visa and was not sure whether I will get it or not. While they were away, I got the sponsorship for Tier 2 visa from my University and switched to it on 16 Jul 2019. This visa was valid for five years and had a validity up to 26 July 2024. I then applied for my family’s Tier 2 Dependent visas again which they got on 12 Sep 2019 with a validity up to 24 July 2024 and they traveled back to UK.
Now, I am switching to Global Talent visa and I will become eligible for ILR in July 2022 (having spent three years combined from Tier 2 and Global Talent Visas). My family’s visa is still the same (PBS dependent visa valid up to 26 July 2024). In this scenario, I have following questions:
1. Can my family also apply for ILR with me in July 2022 because they have been my dependents in UK for more than 5 years (starting from January 2015, but they were away for 3 months and 12 days without visa)?
2. If the entire family can not get ILR in July 2022, can my kids apply for the ILR at the same time as me as they will have completed more than 7 years in the UK education system by July 2022?
3. If both of the above requests can not be entertained, when will my family (wife as well as children) be eligible for the ILR? My worry is that if they have to spend five years continuous period as dependents, then by 26 July 2024 (the validity of their current visa), they will have spent 4 years, 10 months and 15 days and will still be 17 days short of their eligibility for ILR based on 5 years period (including the relaxation period of 28 days when the application can be made). At that time, I would hopefully have the UK citizenship so I am not sure which visa will they be able to get in order to continue their legal stay beyond 26 July 2024. Will it be possible to extend their PBS dependent visas for another year which can then make them eligible for ILR? If that won’t be possible, then they will probably have to switch to the dependents of a UK citizen visa at that stage? Will that mean that they will have to spend another five years to get the ILR?
I really apologize for this lengthy post, but I am totally lost, confused, and extremely worried about the entire situation. I shall be grateful for the help and response to these queries.
Thanking in anticipation.