Tier2 dependant leaving UK and come back after delivery

[ramboottan2020]

Dear Advisory team

I am in Tier 2 General visa. My company will give the documents for applying PR at the end of my Tier2 general visa expiry. It is in 2022 October. My wife is pregnant now. We booked a flight to India in February. She plan to come back in 2021 May. My elder son is also joining her when they leave UK in 2020 Februay..
Please note that I reached UK along with my family in 2017 October and they have stayed here continuously without any gap. I will continue here in UK.

My questions:

1. Will it affect the duration (1 year and 4 months gap away from UK) to apply for PR dependent applications to my wife and 2 kids?
= Some people say 1 yr; other say 180 days / some says, since just 2 year continuous stay is enough

2. If I not apply for PR for them when I apply, will they automatically become PR dependant or do I need to apply anything else?

3. If our delivery plan is in UK, what is our PR process?

4. If our delivery plan is in India, what is our PR process?

5. Will we have any benefits if my son/daughter born here in UK, if I cancel my plan to India for delivery?

[CR001]

1. No effect. There is no absence limit for dependents visas issued before 11 January 2018. You will need evidence of cohabitation in the UK for ILR (not PR which as an EEA/EU route application).

2. See #1 above.

3. ILR not PR!! If the child is born in the UK, the child will have an entitlement to register as British once either parent get some. Child does not need ilr for this as they will have an entitlement to register as British.

4. If child is born abroad, child has to meet the requirements for a PBS dependent visa and then apply for ilr. All costing substantially more than citizenship.

5. Yes, see #3 above

[ramboottan2020]

Thank you Maa'm.

May I ask one more question before I wind up?

A. So if they even come back in 2021 May, I can apply all 4's ILR application together. My wife and elder son won't miss the already 2 year(2017 Oct-Present) stay. I have proof. May I confirm this? I have utilitiy bills in her name. So I think I can show it as a proof.

B. what is ILR application cost uk- I googled this and got this result:

The indefinite leave to remain (ILR) fees 2019 are £2,389/-. Moreover, the ILR same day (24 hours) application fees are £3,189/- i.e. ILR application fees £2,389/- plus the cost of super-priority service £800/-.20 Mar 2018

my application 2389£
my wife application 2389£
my elder son(5 yr) 2389£
my newborn baby 2389£ <============= If my baby is born here, will I get relaxation in this cost?


Thank you

[CR001]

A. Correct, her absence is irrelevant for ilr.

B. Correct fees yes. A UK born child does NOT have to apply for ilr so yes you will save one set of ilr applications fees. They can register as British, current cost is £1023.

Note that fees go up every April.

[ramboottan2020]

Thank you Maa'm.

So conclusion:

a) If we plan the birth in India,
=> My baby will miss the privillege that he born in UK(I don't know what will be the additional benefits in future)
=> I will have an overhead of 2,389 - 1023 = £1366 extra when I apply for him/her in 2022, that is the only loss. if this is the case, i will proceed to fly to India.



Maa'm,
Can I officially consider this support as an authorized one? Or do i need to contact UKBA again?

[CR001]

a) If we plan the birth in India,
=> My baby will miss the privillege that he born in UK(I don't know what will be the additional benefits in future)
=> I will have an overhead of 2,389 - 1023 = £1366 extra when I apply for him/her in 2022, that is the only loss. if this is the case, i will proceed to fly to India.

Plus the initial dependent visa fee, which is based on your cos length. Child can then only apply for citizenship after 1 year on ilr when either parent also applies.

Maa'm,
Can I officially consider this support as an authorized one? Or do i need to contact UKBA again?

It is based on the current immigration rules, nationality laws and fees published by HO, freely available on UKVI website.

The UKVI (not UKBA) call centre is a third party agent, you are not speaking to UKVI directly and you will get generic responses to basic queries.

[ramboottan2020]

Dear Moderator

1. I entered : https://www.gov.uk/settle-in-the-uk
2. Given my wife's detail as dependant of Tier 2 general visa holder
3. Asked for how PLR condition is. It says:

Eligibility for partners

Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:
•2 years if you applied for your current visa before 9 July 2012
•5 years if you applied for your current visa on or after 9 July 2012

It is contradicting with your reply

[CR001]

You are overthinking completely.

She needs 5 years after 9 July 2012 but there is no absence limit.

[ramboottan2020]

They have clearly mentioned continuous stay is required along with partner for.5 years. Then how it will be overthinking moderator? Apologies if I am wrong. How I can prove they were with me for 5 years in UK in 2022 if they go India for one and half years

[ramboottan2020]

Ma'am

Could you please confirm?

[CR001]

The requirement is to submit evidence of subsisting marriage, in the form of cohabitation evidence in both your names.

For PBS dependent visas issued before 11th January 2018, there is NO absence limit, clearly stated in the rules, which ho clearly know!

[ramboottan2020]

Thank you Moderator...!


indefinite-leave-to-remain/180-day-abse ... 51762.html

Inside this link, he has given the below UKBA link.

https://www.gov.uk/guidance/immigration ... #pt8family

(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days; and

Since our visa is granted in 2017 October, I think her visit to India will not count and even if she in UK or not in UK for an year, we will be OK to apply for ILR in 2022. Thank god.

[CR001]

That is exactly what I have already said!!