ILR spouse visa application

[kmhah1525]

No. Paragraph 39E is not relevant when you leave the UK with a valid visa for the purpose of maintaining lawful residence under long residence

Hi Zimba,

This discussion has drawn my attention and I feel it might be relevant for my circumstances, so could you please guide me?

My spouse and children came to the UK in Januray 2015 and Tier 4 PBS Dependents. Their leave was valid till 31 May 2019, but they left the country on 3 May 2019 (before visa expiry). They then made a new PBS (Tier 2 General) dependent application from outside the UK which was granted on 12 September 2019 and so they travelled back to UK. Their total absence is 140 days (so within the 180 days limit). Do you think we can count their continuous period in the UK from Jan 2015 onwards? If that is at all possible, then I think they can apply for the ILR based on PBS dependent visa? I have already got the ILR through Global Talent visa.

Thanking in anticipation.

Regards

[zimba]

@kmhah1525 I moved your query to its own topic. The advice in that thread is specifically for the long residence route ! Different route and different rules!

Leaving the UK with or without a valid visa is irrelevant under dependant routes.
The continuity of leave for ILR is considered broken if when they were outside the UK, their visa had run out and they failed to apply for a new visa within 14 days of expiry. So paragraph 39E is relevant here.

So to answer your question, if they applied for their visa within 14 days of the expiry date (31 May 2019) and were granted a visa, their continuous residence is intact. Otherwise, their ILR qualifying period began on 12 September 2019

[kmhah1525]

@kmhah1525 I moved your query to its own topic. The advice in that thread is specifically for the long residence route ! Different route and different rules!

Leaving the UK with or without a valid visa is irrelevant under dependant routes.
The continuity of leave for ILR is considered broken if when they were outside the UK, their visa had run out and they failed to apply for a new visa within 14 days of expiry. So paragraph 39E is relevant here.

So to answer your question, if they applied for their visa within 14 days of the expiry date (31 May 2019) and were granted a visa, their continuous residence is intact. Otherwise, their ILR qualifying period began on 12 September 2019

Many thanks