Tier 2 visa extension

[Rey18]

Hello,

I am applying for my wife and kids Tier 2 visa extension (within UK), I received ILR last year july. Below are my questions/clarifications required, thanks for your replies:

1. In the Tier 2 extension application, there is a question:
When did you start living at this address?
It will be obvious, if my family had started living with me when they arrived in Uk on Tier 2 visa.
But, prior to their existing Tier 2 dependent visa (starting Dec 17-March2020), my familiy was already lived with me on Tier 2 dep visa from March 15-Dec 16 at the same address. But they returned to Uk after a year with Tier 2 in Dec 17.

My question is, do I have to say, they started living from March 15 inspite of one year break?
Reason for break: Pregnancy
Note: No council tax paid in her absence

2. When it comes to ILR application for dependent, do you think, more than an year break will affect her ILR application? Current ILR rule says, absence prior to Jan 2018 is disregarded?

1st Tier 2 visa validity : 8th Jan 2015 - 15th july 2017

absence from Uk:
Arrived to Uk on 28th March 2015
4th Nov 2015 - 29th March 2016
06th Dec 2016 till 26th Dec 2017

2nd Tier 2 visa validity: 23th Nov 2017 - 10 March 2020

3. Family had a no visa between (while in India) 15th July 17 to 23rd Nov 2017, then the second Tier 2 visa obtained on 23rd Nov 2017 will be considered as extension or a new Tier 2 visa?


Many thanks,
Rey

[CR001]

1. In the Tier 2 extension application, there is a question:
When did you start living at this address?
It will be obvious, if my family had started living with me when they arrived in Uk on Tier 2 visa.
But, prior to their existing Tier 2 dependent visa (starting Dec 17-March2020), my familiy was already lived with me on Tier 2 dep visa from March 15-Dec 16 at the same address. But they returned to Uk after a year with Tier 2 in Dec 17.

My question is, do I have to say, they started living from March 15 inspite of one year break?
Reason for break: Pregnancy
Note: No council tax paid in her absence

Either date is fine. I would use the initial date from when they first came to the UK. Unclear why council tax wasn't paid, presumably YOU were still living in the property??

2. When it comes to ILR application for dependent, do you think, more than an year break will affect her ILR application? Current ILR rule says, absence prior to Jan 2018 is disregarded?

1st Tier 2 visa validity : 8th Jan 2015 - 15th july 2017

absence from Uk:
Arrived to Uk on 28th March 2015
4th Nov 2015 - 29th March 2016
06th Dec 2016 till 26th Dec 2017

2nd Tier 2 visa validity: 23th Nov 2017 - 10 March 2020

No. Only absences for visas issued on or after 11th January 2018 count.

3. Family had a no visa between (while in India) 15th July 17 to 23rd Nov 2017, then the second Tier 2 visa obtained on 23rd Nov 2017 will be considered as extension or a new Tier 2 visa?

It is useful if you state exactly what each visa start and expiry date is. Also useful if you state what date she applied for her visa in India in 2017. Applications outside the UK are NOT extensions. It is a new entry clearance visa. To maintain continuity of residence, there are very specific conditions on applying outside the UK that must be met, which doesn't appear to be the case for your spouse.

[Rey18]

I really appreciate your time and thank you very much for your responses,

1. In the Tier 2 extension application, there is a question:
When did you start living at this address?
It will be obvious, if my family had started living with me when they arrived in Uk on Tier 2 visa.
But, prior to their existing Tier 2 dependent visa (starting Dec 17-March2020), my familiy was already lived with me on Tier 2 dep visa from March 15-Dec 16 at the same address. But they returned to Uk after a year with Tier 2 in Dec 17.

My question is, do I have to say, they started living from March 15 inspite of one year break?
Reason for break: Pregnancy
Note: No council tax paid in her absence

Either date is fine. I would use the initial date from when they first came to the UK. Unclear why council tax wasn't paid, presumably YOU were still living in the property??

Ok, probably I will explain with a cover letter.
Council tax paid as single occupancy, since wife returned to Indian and visa expired. Note, this is not her permanent residence as well. I resumed paying when she returned.

2. When it comes to ILR application for dependent, do you think, more than an year break will affect her ILR application? Current ILR rule says, absence prior to Jan 2018 is disregarded?

1st Tier 2 visa validity : 8th Jan 2015 - 15th july 2017

absence from Uk:
Arrived to Uk on 28th March 2015
4th Nov 2015 - 29th March 2016
06th Dec 2016 till 26th Dec 2017

2nd Tier 2 visa validity: 23th Nov 2017 - 10 March 2020

No. Only absences for visas issued on or after 11th January 2018 count.

As you explained below, visa obtained for 2nd time (with break) considered as new entry clearance.. Then, it make sense only count 5 years from latest entry clearance.

3. Family had a no visa between (while in India) 15th July 17 to 23rd Nov 2017, then the second Tier 2 visa obtained on 23rd Nov 2017 will be considered as extension or a new Tier 2 visa?

It is useful if you state exactly what each visa start and expiry date is. Also useful if you state what date she applied for her visa in India in 2017. Applications outside the UK are NOT extensions. It is a new entry clearance visa. To maintain continuity of residence, there are very specific conditions on applying outside the UK that must be met, which doesn't appear to be the case for your spouse.

Here is the visa validity details:
1st Tier 2 visa validity : 8th Jan 2015 - 15th july 2017
2nd Tier 2 visa validity: 23th Nov 2017 (applied on 15th Nov) - 10th March 2020
[absence from Uk:06th Dec 2016 till 26th Dec 2017]

Your answer helps, it is clear that I should consider latest entry clearance as new visa NOT an extension.

Many thanks,
Rey

[CR001]

1st Tier 2 visa validity : 8th Jan 2015 - 15th july 2017
2nd Tier 2 visa validity: 23th Nov 2017 (applied on 15th Nov) - 10th March 2020

I understand then that as she applied more than 28 days after her last visa expired, her residence is broken and hence needing an extension.