Gap in the PBS dependent tier 2 visa, still qualifies for ILR?

[dr_tamer_m_kamel]

Good afternoon,
A tricky question plz
I had my family with me here in the UK for 2 years on PBS tier 2 visas. They left the UK back to our home country and their current tier 2 visas expired last week while they are still abroad.
Now, if I apply for them for new tier 2 visas, will the previous 2 years of UK stay be counted in the 5 years required for ILR, or they will start counting from scratch?
Please advise
Thanks

[cyclina1]

Good afternoon,
A tricky question plz
I had my family with me here in the UK for 2 years on PBS tier 2 visas. They left the UK back to our home country and their current tier 2 visas expired last week while they are still abroad.
Now, if I apply for them for new tier 2 visas, will the previous 2 years of UK stay be counted in the 5 years required for ILR, or they will start counting from scratch?
Please advise
Thanks

Now the UKVI has new rule that all Tier 2 dependent cannot leave the UK over 180 days (after 11 Jan 2018) or the continuous residency will be considered as broken. In your case, their 5 years need to recount as very likely they leave the UK for more than 180 days.

[vinny]

They could have avoided the break in continuous leave by returning to the UK and extended before their leave had expired.

They should have applied for entry clearances prior to the expiry of their leave. They may have a chance if they apply for entry clearance within 14 days of the expiry of their leave and give good/acceptable reasons why they were late in applying.

[dr_tamer_m_kamel]

They could have avoided the break in continuous leave by returning to the UK and extended before their leave had expired.

They should have applied for entry clearances prior to the expiry of their leave. They may have a chance if they apply for entry clearance within 14 days of the expiry of their leave and give good/acceptable reasons why they were late in applying.

Many thanks for your kind reply

A tricky question here, if I apply within those 14 days, how can I know that the previous 2 years of stay will be counted in the ILR years?
Any way to ensure that please?

Thanks again

[vinny]

and give good/acceptable reasons why they were late in applying.

(3) where, on or after 24 November 2016, the applicant makes a further application for entry clearance within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application for indefinite leave to remain, why the application could not be made during the currency of continuing limited leave, or