PBS Tier 2 Dependent 5 year route - ILR or PBS Tier 2 Dependant extension?

[naravindnair]

Hi all, Hope you are doing well.

I was in Tier 2 general and received my ILR on 30-04-2014 via Tier 2 general 5-year category.

Please find the scenario of my wife and my child born in India described below. It would be a great help if you can answer the questions.

Wife:
ILR Route: Tier 2 Dependent 5 year category.
First time UK visa issue date: 13-Dec-2012
First time UK entry: 26-Dec-2012
Days Between UK entry and Visa issue date: 13
Current UK Tier 2 Dependant extension expires on 02-02-2018

Dates of absence from the UK:

Date Left UK Date returned to UK Days out of Country Reasons for Absence
26-Dec-2012 Arrived in the UK
15-Jun-2013 30-Mar-2014 288 Pregnancy In India
23-Apr-15 24-May-15 31 Visit Family & Relatives in India
04-Aug-16 06-Sep-16 33 Visit Family & Relatives in India
07-Apr-17 30-Apr-17 23 Visit Family & Relatives in India

Child:

ILR Route: Tier 2 Dependent 5 year category along with mother.
Birthdate: 06-Sep-2013
Passport: Indian
First time UK visa issue date: 21-Jan-2014
First time UK entry: 30-Mar-2014
Days Between UK entry and Visa issue date: 68
Current UK Tier 2 Dependant extension expires on 02-02-2018

Date Left UK Date returned to UK Days out of Country Reasons for Absence
30-Mar-2014 Arrived in the UK
23-Apr-15 24-May-15 31 Visit Family & Relatives in India
04-Aug-16 06-Sep-16 33 Visit Family & Relatives in India
07-Apr-17 30-Apr-17 23 Visit Family & Relatives in India

I am contemplating on whether I should apply for ILR or Tier 2 Dependant extension due to following queries.

Question 1: Can my wife apply for ILR on this month i.e. Jan 2018, ie 5 years from UK entry date (26-Dec-2012). Pls, correct me if I am wrong.

Question 2: My wife was out of UK for close to 10 months during maternity period. That is more than 180 days in continuous 12 month period. Will it be a problem for applying ILR as the dependant? I have seen conflicting answers from multiple websites on a continous period of absence but few of answers in this forum, I have seen the response like "There is no absence limit for PBS dependents" but I am not sure if there have been any changes to that recently which will affect me. Please guide.

Question 3: If applying for ILR, please can you confirm that I should be using Set(O) application form.

Question 4: Application via visa premium service (https://www.gov.uk/ukvi-premium-service ... ligibility) states that if you are applying for settlement, your premium service appointment should be
1. at least 48 hours after your Life in the UK test
2. within 28 days of you completing your qualifying period

My wife has completed the Life in the UK in November 2017 and passed the exam, however, the 2nd point i.e within 28 days of you completing your qualifying period. I am only receiving premium dates after 26th Jan 2018 or even later so is not within 28 days from 26-Dec-2017. If I apply for it provided above 3 questions are fine, will they cancel the appointment saying it does not meet this criterion?

Your help is highly appreciated.

[zimba]

Question 1: Can my wife apply for ILR on this month i.e. Jan 2018, ie 5 years from UK entry date (26-Dec-2012). Pls, correct me if I am wrong.

Yes

Question 2: My wife was out of UK for close to 10 months during maternity period. That is more than 180 days in continuous 12 month period. Will it be a problem for applying ILR as the dependant? I have seen conflicting answers from multiple websites on a continous period of absence but few of answers in this forum, I have seen the response like "There is no absence limit for PBS dependents" but I am not sure if there have been any changes to that recently which will affect me. Please guide.

Rules changes do NOT affect your wife.

Question 3: If applying for ILR, please can you confirm that I should be using Set(O) application form.

Yes

My wife has completed the Life in the UK in November 2017 and passed the exam, however, the 2nd point i.e within 28 days of you completing your qualifying period. I am only receiving premium dates after 26th Jan 2018 or even later so is not within 28 days from 26-Dec-2017. If I apply for it provided above 3 questions are fine, will they cancel the appointment saying it does not meet this criterion?

The "28 days to complete the 5 years" requirement is the absolute minimum. Your wife has already covered more than the 5 years required.

[naravindnair]

Thank you very much for this information zimba. You made my day.