ILR for dependent in 5 years tier 2 visa route

[yuvaraj]

Hi Friends
I am in UK from July 2012 onwards in tier 2 visa and got my ILR in June 2017. My wife and kid joined me in Nov 2013 and stayed in UK until April 2015 (1 and 1/2 years) and then they moved back to India because there visa expired and then came to UK in tier 2 in July 2015 and staying in tier 2 until now (~ 3 years). My question is are they eligible to apply for tier 2 in Nov 2018 in 5 years tier 2 route.

Details of the visa

Nov 2013 to April 2015 (1 and 1/2 years tier 2 visa) lived in UK
April to June 2015 (3 months no visa permit) lived in India
July 2015 to present in tier 2 visa living in UK
Are they eligible for ILR in Nov 2018 in 5 year tier 2 dependent.

Thanks

Regards
Yuvaraj

[dontringthebell]

No because it's not continous residence and there is break in visa.

[yuvaraj]

Hi dontringthebell,
Thanks for your reply, Does it mean the 5 year tier 2 clock started in July 2015 (when they entered for the 2nd time in UK) and they will be only eligible for ILR in July 2020 ?.

And in between as I am in ILR, can I apply for PBS tier 2 extension here in UK for them.

Thanks
Yuvaraj

[dontringthebell]

Yes the clock restarted

You need to extend their stay as partner and child of settled person respectively

[dontringthebell]

https://www.gov.uk/uk-family-visa/partner-spouse

[yuvaraj]

Hi
Thanks for your reply, I am bit confused. I thought my wife will apply PbS tier 2 extension, but you are saying family visa. Since my wife and kid are already here in UK and I thought of extending there present tier 2 visa which expires in July 2018.

Regards
Yuvaraj

[dontringthebell]

Once you gained ILR they are dependents to a settled person and not PBS dependent even though there current visa says so. When you apply for extension it would be as family/dependents of a settled person and not PBS dependents.

[yuvaraj]

Hi
Will it not reset her ILR clock and is she still eligible for ILR in July 2020 (As she has been in UK in valid tier 2 visa since July 2015).

Thanks
Yuvaraj

[CR001]

Once you gained ILR they are dependents to a settled person and not PBS dependent even though there current visa says so. When you apply for extension it would be as family/dependents of a settled person and not PBS dependents.

INCORRECT advice!! Please, if you are not sure then rather do not advise incorrectly.

As the OP got ILR based on Tier 2, the PBS Dependent can continue to extend their visas as PBS Dependents until they qualify for ILR.

@ 'yuvaraj' - The immigration rules permit your dependents to continue on their current visa and extend it as PBS Dependents as you got ILR based on PBS route and not Long Residence route. They will apply for a 3 year extension.

dependants-of-ilr-economic-5-year-route-applicants (Click)

[yuvaraj]

Hi All
Thanks for your reply. After obtaining ILR i changed my job and no longer with the previous sponsor will it affect the PBS dependent extension.

Regards
Yuvaraj

[vinny]

No affect.

[dontringthebell]

Once you gained ILR they are dependents to a settled person and not PBS dependent even though there current visa says so. When you apply for extension it would be as family/dependents of a settled person and not PBS dependents.

INCORRECT advice!! Please, if you are not sure then rather do not advise incorrectly.

As the OP got ILR based on Tier 2, the PBS Dependent can continue to extend their visas as PBS Dependents until they qualify for ILR.

@ 'yuvaraj' - The immigration rules permit your dependents to continue on their current visa and extend it as PBS Dependents as you got ILR based on PBS route and not Long Residence route. They will apply for a 3 year extension.

dependants-of-ilr-economic-5-year-route-applicants (Click)

Thanks for enlighting me! Stand corrected.

[yuvaraj]

Thank you all for the reply.
Yuvaraj

[yuvaraj]

Hi All
Can you guys please post the link for applying pbs dependent tier 2 extension visa and the list of documents needed for it. I found the link for tier 2 general but which ask sponsorship etc https://www.gov.uk/tier-2-general.

Thanks
Yuvaraj

[yuvaraj]

Hi Moderators
I found the link for PBS dependent visa extension
https://www.gov.uk/tier-2-general/family-members

It show separate links for partner and child. Does it mean my partner and kid need to submit the application separately.

Thanks


Regards
Yuvaraj