ILR dependant for Wife and Child

[Vernika11]

Hi,

I would need guidance on the continuous period for ILR dependant and Child.

My wife who is on PBS Dependant - ILR visa got her initial entry clearance on July 31st 2014. She would be eligible for ILR August 2019.

She is currently in India from July 26th 2017 due to baby delivery and on medical reasons and planning to come back in mid 2018


My child is born in India on October 11th 2017.

The question is does the continuous period of being away for more than 180 days will reset the clock for my wife's ILR? Or can she apply for ILR in 2019 while being away in India?

Please provide your advice.

Regards
Lakshman

[CR001]

Or can she apply for ILR in 2019 while being away in India?

Do you mean apply for ILR from India in 2019??

[Vernika11]

No ILR from UK. She will travel back with her current Visa and Baby would get a ilr dependant visa.

In 2019, when they are eligible for ILR, can they apply?

[CR001]

No ILR from UK. She will travel back with her current Visa and Baby would get a ilr dependant visa.

The child must apply for the same visa category as the mother - PBS Dependent. ILR Dependent visa will likely be refused.

[Vernika11]

Thanks for your reply. Thats sad to know, cant we not produce enough medical evidence for the time away.

[CR001]

My understanding is that PBS Dependents absence prior to 11 January 2018 are not included. See vinny's post in topic below.

uk-tier-1-general-visas/breaking-180-da ... l#p1583765

[Vernika11]

I was told by Immigration agency that My daughter can apply for Family / Dependent visa as a daughter of British citizen. Is that true? Can she apply for independently with out her mother's status

My wife is planning to travel by March 1st 2018 so that her 180 days period wont break after the new rules are in place.

Regards
Lakshman

[vinny]

I was told by Immigration agency that My daughter can apply for Family / Dependent visa as a daughter of British citizen. Is that true? Can she apply for independently with out her mother's status

I don’t think so.

[Vernika11]

No Problem Vinny. They said Baby would be eligible to apply 2x2.5 dependant visa from India.
thanks for your help.

One last question, Same situations, but we brought the dates forward

My wife who is on PBS Dependant - ILR visa got her initial entry clearance on July 31st 2014. She is supposed to be eligible for ILR August 2019.

She is currently in India from July 26th 2017 due to baby delivery and on medical reasons and planning to come back by Macrh 1st week 2018.

The question is, does the continuous period of being away for more than 180 days will not apply until October 2nd 2017 / January 11 2018 ( Still unsure) will not reset the clock for my wife's ILR eligibility?

She will be coming to UK on her existing visa and thinking to apply for ILR in 2019. Does that work?

[vinny]

No Problem Vinny. They said Baby would be eligible to apply 2x2.5 dependant visa from India.
thanks for your help.

An ECO disagreed.

[Vernika11]

No Problem Vinny. They said Baby would be eligible to apply 2x2.5 dependant visa from India.
thanks for your help.

One last question, Same situations, but we brought the dates forward

My wife who is on PBS Dependant - ILR visa got her initial entry clearance on July 31st 2014. She is supposed to be eligible for ILR August 2019.

She is currently in India from July 26th 2017 due to baby delivery and on medical reasons and planning to come back by Macrh 1st week 2018.

The question is, does the continuous period of being away for more than 180 days will not apply until October 2nd 2017 / January 11 2018 ( Still unsure) will not reset the clock for my wife's ILR eligibility?

She will be coming to UK on her existing visa and thinking to apply for ILR in 2019. Does that work?

[vinny]

One last question, Same situations, but we brought the dates forward

My wife who is on PBS Dependant - ILR visa got her initial entry clearance on July 31st 2014. She is supposed to be eligible for ILR August 2019.

She is currently in India from July 26th 2017 due to baby delivery and on medical reasons and planning to come back by Macrh 1st week 2018.

The question is, does the continuous period of being away for more than 180 days will not apply until October 2nd 2017 / January 11 2018 ( Still unsure) will not reset the clock for my wife's ILR eligibility?

She will be coming to UK on her existing visa and thinking to apply for ILR in 2019. Does that work?

My understanding is that PBS Dependents absence prior to 11 January 2018 are not included. See vinny's post in topic below.

uk-tier-1-general-visas/breaking-180-da ... l#p1583765

[Vernika11]

Apologies for one more question. Thanks so much Vinny. you have been really helpful.

Assuming that my wife ILR in june 2019 gets approved with out any restrictions due to continuous period. Can my daughter be included for ILR along with my wife or does she have to wait for 5 yrs again when she comes to UK in March 2018 along with my wife? please clarify.

[vinny]

Assuming that my wife ILR in june 2019 gets approved with out any restrictions due to continuous period. Can my daughter be included for ILR along with my wife.

Yes, subject to 319J.

[Vernika11]

Perfect. Cant thank you enough Vinny. Great help.

[The Druid]

My situation is similar. Am due for ILR in May this year, my wife is the major applicant of which am a dependent. I shuttle in and out of the Uk. Now that the new law has come into effect are they going to apply it retrospectively for those of us that are going to apply soon ?

[vinny]

Not retroactive for dependants.

[Vernika11]

Hi,

I would like check with if my daughter needs to pay IHS if she is applying for PBS Dependant child visa from India.

She is born when father was ILR. Now her father is Citizen and mother is on Tier 2 PBS partner due for ILR in June 2019.


Does my daughter need to pay IHS?

[vinny]

Posts merged.

[vinny]

Hi,

I would like check with if my daughter needs to pay IHS if she is applying for PBS Dependant child visa from India.

She is born when father was ILR. Now her father is Citizen and mother is on Tier 2 PBS partner due for ILR in June 2019.


Does my daughter need to pay IHS?

Yes.