PBS Dependent (TIER 2) to ILR

[anil5110]

Hi.

I have applied for ILR on 23rd July 2020 through Tier 2 General (5 year completion) route but still waiting for biometrics due to COVID-19 situation.

Question 1)
My wife came to UK in Jan 2016 & has current PBS dependent visa with start date 11th July 2017 & expiry date on 17th Sep 2020.

But she is out of UK for continous 1 year ( from Oct 2017 to Sep 2018) for Maternity to India. So will she be eligible for ILR by Jan 2021. or Does she needs to wait till 2023 (if clock reset for 5 years after coming back in Sep 2018)

Question 2)
My daughter came to UK in Sep 2018 & has current PBS dependent visa with start date 14th Sep 2018 & expiry date on 17th Sep 2020.

Will she be eligible for ILR if both of us have ILR or does she need to complete 5 years in UK?

[CR001]

Q1. There is NO absence limit for pbs dependents whose current visa was issued before 11th January 2018. She still needs an extension, which will be a 3 year extension.

Q2. PBS dependent children do NOT have a minimum residence requirement. She can apply for ilr when your spouse does. She will also need a 3 year PBS dependent extension.

[anil5110]

Thanks for the swift response.

I am applying for PBS extension before current VISA expiry (17th Sep 2020). But struck while paying IHS. Since my wife will be eligible for ILR by Jan 2021, can I pay IHS only for an Year?

[CR001]

No you cannot pay for one year IHS. The immigration rules state that it is a 3 year extension. You have to pay for 3 years IHS. Ukvi have no discretion in granting an extension for a lesser time frame. They follow the immigration rules.

[anil5110]

Ok. In that case if VISA for both my wife & daughter gets extended for next three years

1) Do I have to apply for ILR in Jan 2021? or

2) Will I have option to apply any time before their VISA expiry?

[CR001]

They can apply for ilr at any time once they qualify or before their visa expires.

There is no rule that a person must apply exactly at 5 years or it is a lost opportunity.

[anil5110]

Thanks for the clarifications