Tier 2 (G) to ILR for dependent

[joelyke]

Hi

I am currently on the Tier 2 (General) visa category and will complete 5 years in that category by Dec 2018 (My Tier 2 visa was issued on 3/12/2013 in the UK.

My wife also received her Tier 2 (Dependent) visa along with me (Date: 3/12/2013 in the UK). I was on Tier 1 (PSW) and she was Tier 1 (PSW) dependent prior to that.

My wife has not been out of the UK for more than 180 days so far. She is right now in India for maternity. She went on the 18th of June 2017 and plan to be back on the 15th of Jan 2018. Now, this breaks the 180 days continuous stay. I now have two questions in this regard:

1) I have read in the FAQ's & several queries in this forum, that say that the 5 years continuous period is not applicable for dependent and therefore, we both should be able to apply for our ILR together in Dec 2018? Is this understanding correct? Because, I also read some topics which were conflicting as well.

2) I still have an option where I could ask her and the baby to come back to the UK by, say, 18 Nov 2017 (so that she is away for only 5 months) and then return to India around Dec 20th 2017 and back to the UK by 15th of Jan 2018. Hopefully, this wont break the 180 period absence and we 3 can apply for ILR in Dec 2018?

Please could you help clarify?

Thanks in advance!
Kurian

[iworker]

1. yes. she will be able to apply for ilr with u, even if she has stayed mroe than 180 days outside.
once both of u have ilr, u could apply ilr for baby as well.

[joelyke]

Thanks for the quick reply!
But, this very recent post says otherwise: indefinite-leave-to-remain/ilr-applicat ... 40046.html

Please could you clarify why this is different from my case?

Regards,
Kurian

[CR001]

Thanks for the quick reply!
But, this very recent post says otherwise: indefinite-leave-to-remain/ilr-applicat ... 40046.html

Please could you clarify why this is different from my case?

Regards,
Kurian

Your case is NOT the same. The poster in that topic let his partners visa expire while they were out of the UK and they had to reapply for a PBS dependent entry clearance visa which reset their clock to zero.

There is a BIG difference between being absent with a valid visa and returning on the same visa and then being absent and your visa expires and you apply for a new entry clearance visa.

[joelyke]

Thank you both for the quick clarification!