If dependant ILR refused, what other options?

[sparrow_16]

Hi All,

Sorry but my case seems to be a bit specific.

I'm currently on Tier 2 dependant and my wife, the main applicant is going to qualify for ILR (5 year route) next December. Theoretically I might also qualify a year after her.

However, my situation is bit weird because I've actually been working outside the UK. I do go back very often and will spend 140-150 days a year in the country. The reason I'm keeping the dependant visa is to enable working there for short-term, moving back when job opportunities arise, and also avoid hassles such as suspicion of 'making UK the de facto home via frequent visits'. Also, we have home bought in the UK and all sorts of letters proving cohabitation at least during my limited days in the country.

Since the number of days of absence is really great, I'm really not sure if I can get the ILR via the PBS route. I just wonder, in my case, what can I do to keep having a UK residential visa in case the ILR is not approved? Can I keep extending the Tier 2 dependant visa unendingly without getting a ILR? Alternatively, can I keep applying for Spouse Visa to remain resident of the UK until a day in the future that I can really live in the country without generating lengthy absence?

Any experienced advisors' help will be highly appreciated.


Best

[sparrow_16]

Anyone can kindly assist?

[CR001]

Anyone can kindly assist?

You might want to be a bit more patient that bumping your question after only 7 minutes of the first post. It is Saturday, almost Christmas, and we all have families and errands to attend to.


You cfould keep extending PBS Dep but expect questions regarding your substantial absence and not actually residing in the UK.

I can't see how you would qualify for ILR if you do not actually reside in the UK but using your visa more as a 'visitor visa'.

If you have the ambition of British citizenship, your extensive absence will also be a huge hurdle.

[sparrow_16]

Sorry for being impatient.

Do you think there's space for me to explain that it is because the job is temporary, we have a financial reasons, and despite all those the UK is still our only home?

Best

[noajthan]

Sorry for being impatient.

Do you think there's space for me to explain that it is because the job is temporary, we have a financial reasons, and despite all those the UK is still our only home?

Best

Not really.
When it comes to settlement one factor UKVI reviews is past behaviour as an indicator of future intentions, in other words actions speak louder than words.
By spending so much time away you are effectively demonstrating a lesser commitment to future in UK.
It seems you are not really a 'dependent' at the moment; you may even be financing your wife's sojourn in UK if it is proving so rewarding to stay away.
And houses are quite easily bought and sold.

[sparrow_16]

Sorry for being impatient.

Do you think there's space for me to explain that it is because the job is temporary, we have a financial reasons, and despite all those the UK is still our only home?

Best

Not really.
When it comes to settlement one factor UKVI reviews is past behaviour as an indicator of future intentions, in other words actions speak louder than words.
By spending so much time away you are effectively demonstrating a lesser commitment to future in UK.
It seems you are not really a 'dependent' at the moment; you may even be financing your wife's sojourn in UK if it is proving so rewarding to stay away.
And houses are quite easily bought and sold.

Thanks. But if I'm not looking for settlement immediately, while just keeping extending on PBS dep or Spouse Visa, will that be room for such practice?

Also, I don't think it is an issue here about who's financing whom. Dependant only means one's immigration status is dependent on another, instead of one being financed by another. What if a dependant works in the UK, making a much higher salary and he or she is in fact the main source of income?

[noajthan]

Thanks. But if I'm not looking for settlement immediately, while just keeping extending on PBS dep or Spouse Visa, will that be room for such practice?

A Tier 2 gig may well be temporary, for example many of the Tier 2 guest workers that I employ do go home in the end.
So claiming UK is your only home, especially when you currently work abroad, is not going to fly.
And don't lets get started on aging parents.

Realistically it can't be your home until settled and even then not everyone moves on to the take up the privilege of citizenship.
After all, there's nothing definite about ILR.