ILR for PBS dependent

[dvin]

Hi,

I have gone through the new rule of Reintroducing 180-day absence limit for PBS partners. My question is what will happen if my dependents (wife and 2 year old) have to leave the UK for more than 180 days.

just to give you a bit of background:

1. We (myself, wife and kid) moved to the UK in November 2017.
2. I am on Tier-2 (3 year) VISA and I have been informed that I can only get ONE extension for another 3 years. So in total I can stay for 6 years and have to apply for ILR before my 6 years are over.
3. My wife and little one are on PBS dependent VISA with same dates.

My questions:
1. In case my wife has to go back home for more than 180 days, would her continuous stay clock reset to 0 once she is back?
2. I know I can not have more than 1 extension but is that rule applicable for dependents as well ?
3. Since my son is minor, can I apply for his ILR or the 180 day rule applicable for him as well?

Here is my little plan:
1. I continue to stay in the UK, get my first extension in 2020 and then apply for ILR in 2022
2. My wife goes back home and comes back. Get her first extension in 2020 (along with mine), then get her another PBS Tier 2 dependent extension in 2023 (possible? i might have ILR that time) and then apply for her ILR as in when she is eligible.

Do you guys think the above plan is in line with current immigration rules?
Am I missing something?

Many Thanks in advance

[CR001]

1. In case my wife has to go back home for more than 180 days, would her continuous stay clock reset to 0 once she is back?

Yes.

2. I know I can not have more than 1 extension but is that rule applicable for dependents as well ?

No.

3. Since my son is minor, can I apply for his ILR or the 180 day rule applicable for him as well?

He will follow the same path as your wife.

Here is my little plan:
1. I continue to stay in the UK, get my first extension in 2020 and then apply for ILR in 2022
2. My wife goes back home and comes back. Get her first extension in 2020 (along with mine), then get her another PBS Tier 2 dependent extension in 2023 (possible? i might have ILR that time) and then apply for her ILR as in when she is eligible.

Doable if she can do 5 years residence with out excessive absence.

[dvin]

Thanks CR001 for quick reply.

She is not planning for excessive absence, it is only needed for this year for some personal reason. We are still thinking on dates and still planning to find a cheeky way but with the rule changed to any 12 month period it will be very difficult (i can now understand why they brought in this rule)

Sorry to be a pain but just to confirm, if I am on ILR she can still get Tier 2 dependent VISA extended right? even when I am not on Tier 2 ?

Thanks

[CR001]

if I am on ILR she can still get Tier 2 dependent VISA extended right? even when I am not on Tier 2 ?

YES

immigration-for-family-members/dependan ... 14832.html

[dvin]

Thanks very much CR001. Much Appreciated