Enquiry regarding continuous residence of PBS dependants for ILR

[Ang1]

Dear Sir,

I have a question regarding continuous residence of 5 years for my PBS dependants. I have been living in UK since 2013 on Tier 2 General Migrant Visa along with my wife and children (PBS dependent visa). The details of my visa and entry in UK, along with my dependants are as follows:

My initial Tier 2 General Migrant Visa was issued on 01-03-2013 and was valid until 01-04-2016. My wife and my son were issued Tier 2 Partner and Tier 2 Child dependent visas respectively, with the same dates mentioned above (Issue Date: 01-03-20123 and valid date: 01-04-2016)

After obtaining the above visa, we all arrived in UK on 25-03-2013 (date of initial entry)

In September 2015, as I got a new job, I applied for new Tier 2 General Migrant Visa with the change of sponsor. The new visa was obtained for me with issue date 17-08-2015 and is valid until 14-09-2018.

However, since my dependants (wife and child) visa was only to expire on 01-04-2016, I did not immediately apply for new visa for my dependants. Further, due to unavoidable circumstances and personal reasons my family had to travel to India and therefore left UK on 04-09-2015. My family lived in India for about 172 days and came back to UK. However, before coming I also applied for the change of visa based on my current visa status. My dependants were issued visas with issue date: 23-02-2016 and valid date of 14-09-2018 (in line with my current visa). The new visa was obtained before the expiry of the previous visa on 01-04-2016. My family travelled to UK on 23-02-2016. Since then they are living with me in UK and have not travelled outside UK.

Given the above visas and travel of my dependants, I request you to kindly let me know whether my dependants have broken the continuous residence of 5 years and whether I can apply for ILR dependant visa along with my application, which I am about to submit.

With kind regards,

Shyam

[Parthaab]

It appears that they have fulfilled 5 years legal, continous stay for ILR

[lanrezy]

Dear Sir,

I have a question regarding continuous residence of 5 years for my PBS dependants. I have been living in UK since 2013 on Tier 2 General Migrant Visa along with my wife and children (PBS dependent visa). The details of my visa and entry in UK, along with my dependants are as follows:

My initial Tier 2 General Migrant Visa was issued on 01-03-2013 and was valid until 01-04-2016. My wife and my son were issued Tier 2 Partner and Tier 2 Child dependent visas respectively, with the same dates mentioned above (Issue Date: 01-03-20123 and valid date: 01-04-2016)

After obtaining the above visa, we all arrived in UK on 25-03-2013 (date of initial entry)

In September 2015, as I got a new job, I applied for new Tier 2 General Migrant Visa with the change of sponsor. The new visa was obtained for me with issue date 17-08-2015 and is valid until 14-09-2018.

However, since my dependants (wife and child) visa was only to expire on 01-04-2016, I did not immediately apply for new visa for my dependants. Further, due to unavoidable circumstances and personal reasons my family had to travel to India and therefore left UK on 04-09-2015. My family lived in India for about 172 days and came back to UK. However, before coming I also applied for the change of visa based on my current visa status. My dependants were issued visas with issue date: 23-02-2016 and valid date of 14-09-2018 (in line with my current visa). The new visa was obtained before the expiry of the previous visa on 01-04-2016. My family travelled to UK on 23-02-2016. Since then they are living with me in UK and have not travelled outside UK.

Given the above visas and travel of my dependants, I request you to kindly let me know whether my dependants have broken the continuous residence of 5 years and whether I can apply for ILR dependant visa along with my application, which I am about to submit.

With kind regards,

Shyam

No. They have not broken their continous residence. They are qualified to apply with you for ILR