PBS Dependent Out side UK for 2 plus years

[ankitrai20]

Hello,
Please some can guide me to get correct information.

I am working in UK(Tire 2 ICT) from Dec-2015 and my wife and son also lived in UK from May 2016 to July 2017 as PBS dependent.
They went back India in July 2017 due to some personal reasons.
My wife and son(3 years old) still have valid BRP card valid till 12-Mar-2020 which is equivalent to mine BRP.
I have booked a flight ticket for them to call back UK on 19th-Dec-2019. But Virgin Atlantic staff did not allowed them to board the flight and said you have been in India for more then 2 years so you can not fly. you need to get a new VISA.
I did lot of google search but could not found a single rule which says PBS dependent 'Leave To Remain' can't fly back to UK if they spend more then two years. Although I was in UK and waiting for them to come.

Please let me know who is wrong in this case. I have lost money and peace of mind as well and passing through mental stress.

Thanks and Regards,
Ankit

[Amber]

Unless the leave is revoked then it remains valid. Likely Virgin were getting this mixed up with 2 years absences stopping ILR. Moreover, Virgin should leave entry to the Border Service. I suggest lodging an immediate complaint asking for a full refund plus compensation for distress. Alternatively, your spouse did not want to travel and just made up an excuse?

[ankitrai20]

She wanted to come hence she came at airport. Infact i have also explained virgin staff that i m in uk n they are my dependent. They have spoiled my all plans. They checked in baggage n given boarding card and when immigration india checked with them they have canceled the boarding pass and off load the luggage which took another 3 hrs for her. Its was really unfortunate for me.

[Amber]

She wanted to come hence she came at airport. Infact i have also explained virgin staff that i m in uk n they are my dependent. They have spoiled my all plans. They checked in baggage n given boarding card and when immigration india checked with them they have canceled the boarding pass and off load the luggage which took another 3 hrs for her. Its was really unfortunate for me.

Make a complaint with Virgin then go to CAA if not satisfied - https://www.caa.co.uk/Passengers/Resolv ... -can-help/

It may be that the UKBF do not think there is a subsisting relationship due to absence and have revoked the leave?

[ankitrai20]

What i have understood from rules on internet she will have same leaves as mine.
Virgin guys just know she holding a BRP and she lived india more then 2 years. They failed to show any rules as well to us.
Not sure why they are acting as home office in india.
As my son is very young and my parents are in india hence i visited india 8 times in this 2.5 yests. Circumstances can be different for anyone. They should’ve have judge. I am sure if she would have arrived uk, UK border should allow her n my son .

If She is loosing leaves ( worst case) how i will know. I don’t have any communication from home office and nothing was mentioned when i got BRP first time. What ever rules i have tried to find those were for ILR.

[SKJ1984]

Very unfortunate.

Usually if you stay more than 6 months airline staff used to enquire about TB test. It happened for me for my kids.

But they cannot stop someone holding a valid visa. I strongly advise you to lodge a complain and cite the situation and claim compensation.

Also I think your wife should have not agreed to leave airport without resolving this.

[ankitrai20]

Wife is not a warrior sir. She was with a 3 year old kid. I hope u all understand the pain.

[ankitrai20]

Also Airline given letter ‘ passenger lived in indian more than 2 years and having BRP’

[SKJ1984]

Yeah. That was kinda suggestion for someone facing such situation in future.

I don't think airlines have the authority to detain someone with a valid visa. Sadly it's a lady and kid travelling and things become difficult even to discuss and convey to airlines. Good that they have given a document reasoning out. Just get the right compensation for this.