Tier 2 Dependent to ILR - Continuous Residence

[bjohnjebastin]

Hi Team,

Please advise on my below query.

I am on Tier 2 General and eligible for ILR in March 2017. My wife completes 5 years in March 2017, but unfortunately was more than 180 days outside UK in one of the 12 consecutive months during my son's birth as it was a "C" section surgery.

The doctor is not willing to provide a letter stating that it was a "C" section surgery, and hence due to complications she had to take more rest.

I went through the gov.uk site, but could not exactly understand whether continuous period of residence is applicable for Tier 2 dependents to ILR.

Could any of you please assist? Also, share your experiences if it is similar.

Thanks,
John B

[CR001]

There is NO absence limit for PBS Dependents.

Just remember also that PBS Dependent residency starts from date of ENTRY to the UK and not date of visa issue.

Also, can you state whether your wife held a valid visa during her absence and did not apply for a new entry clearance visa?

[bjohnjebastin]

Hi CR001,

Thanks a lot for your reply.

Me and my wife had a Tier 2 ICT visa from 5 April 2011 and switched to Tier 2 General during March 2013.

My wife's absence was during September 2013 to May 2014. Then we got an extension on March 2016.

We now have a valid visa till March 2019, but eligible to apply for ILR by March 2018.


Thanks,
John B

[bjohnjebastin]

Dear Friends, I am applying for ILR on 9th March (same day), and will be applying for my wife after I receive my permanent residence.

In this case, can my wife apply on Set (M) instead of Set (O)? If Set(M) then I can use the check and send service, which I think is not available for Set(O).

The new Set(O) form section 6 for dependants talks about the following questions:

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.

6.14 Have you had any absences from the UK during any leave granted since 11 January 2018? If yes give the dates you left and returned to the UK and the reason for the absence in the
spaces below. List all absences however short and in date order. If you need more space,
continue on a separate sheet and enclose it with your application.

My wife have a absence of more than 180 days during pregnancy from September 2013 to May 2014.

I think the answer for 6.13 and 6.14 will be "No". Am I correct?
Could any of you please clarify?

Thanks,
John B

[vinny]

No. She cannot use SET(M) without first switching to FLR(M). Switching will also reset her qualifying period for SET(M).

CR001 has already answered that leave (granted before 11 January 2018) is not subject to any absence restrictions. Moreover, using elementary temporal logic, 2013 and 2014 are both prior to 2018.