ILR for dependent after 5 year ( Any absence restrictions)

[bond.boy203]

Hi All,
My wife is here on dependent since 2015 and she switched to ILR dependent after I got my ILR. She will be eligible for her own ILR in 2020. We also have a kid who is born british since she was born after I got my ILR.

My questions :

is there any absence time restrictions for dependents while applying for ILR. In other words do her absence from UK need to be less than 180 days ( as it is for main applicant) in 5 year time period. Raising this question as I am considering a short term contract in Europe so she and daughter might tag along with me. if there is such restrictions she would rather be here in UK and I travel back and forward on weekly basis.


Also the quickest route for her ILR is as my dependent which is 5 years is my understanding. is there any other option other than this ? for example as mother of British citizen or long resident ( my wife is in UK since 2011 and she was on ICT from 2011 to 2015)..

[Casa]

Hi All,
My wife is here on dependent since 2015 and she switched to ILR dependent after I got my ILR. She will be eligible for her own ILR in 2020. We also have a kid who is born british since she was born after I got my ILR.

My questions :

is there any absence time restrictions for dependents while applying for ILR. In other words does she need to be in country for less than 180 days ( as it is for main applicant). Raising this question as I am considering a short term contract in Europe so she and daughter might tag along with me. if there is such restrictions she would rather be here in UK and I travel back and forward on weekly basis.


Also the quickest route for her ILR is as my dependent which is 5 years is my understanding. is there any other option other than this ? for example as mother of British citizen or long resident ( my wife is in UK since 2011 and she was on ICT from 2011 to 2015)..

No quicker route and she won't qualify in her own right under 10 years long residence until 2021, so her 5 year term will be completed one year earlier in 2020.

When you say 'short term'...how long exactly is the contract?

[bond.boy203]

Thanks Casa. Its actually for 6 months with possibility of extension of course. so I am exploring all the possibilities including if I can apply for her EU dependent visa as well since my plan is to move after my BC approval.

[Casa]

The reason behind my question regarding the length of the contract is due to your wife's right to reside in the UK while on a limited leave visa is reliant on you living with her.

If you apply for an EU resident permit for her to join you in Italy, this will break her 5 year (2.5 + 2.5 year) qualifying residency period in the UK. Also be aware that with Brexit an EU resident permit may no longer be an option.

Also bear in mind that even once someone has ILR, this is lost after 2 years absence and brief visits back to the UK won't retain the right to permanent residence.

While your wife is on FLR(M) and still under Immigration control any absence in excess of 180 days must be declared when extending the visa or applying for ILR.

These are the current Rules as they stand, but may well change in the years running up to 2020.