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Hi,

I was hoping you could help me with my query.

I acquired by ILR in 2016 from Tier 2 ICT.

My wife first entered the UK in 2014, and had PBS Dependant Visa. In 2018, she got her PBS Dependant Visa extended until 2021. However she has had a long absence of 13 months between 2016 and 2017. Since 2017, she has continuously lived in the UK till date.

My 5 year old son entered the UK in 2017 on PBS Dependant and he has continuously lived in the UK since then for 4 years.

Now both my wife and son's PBS Dependant Visa expires in Oct 2021. Is there any way they are eligible for ILR now (OR) should I extend their PBS Dependant Visas for 3 years and try for ILR in 2022 when they complete 5 years without breaking the 180 day rule?

Any advice would be much appreciated.

There is NO absence limit for PBS Dependents who had a visa issued BEFORE 11 January 2018. Absence is only relevant for visas issued after this date.

They could have applied for ILR in 2019 already, 5 years after the initial PBS Dependent issue date.

Thank you so much for the advice.

That answers the question for my wife. I will consider applying for ILR.

My only other question is that, my son has not completed 5 years in the UK yet (it's only been 4 years), can i still apply for ILR for my son too, along with my wife?

Children do not have a 5 year qualifying period requirement. Child can apply with your spouse.

Thanks a lot for your kind help. Much appreciated.

Hi,

I've just got the notification from HO that the ILR application has been successful for my wife and child.

Thanks a lot CR001 for your advice.