Next Dependent Visa

[Dea guy]

Hi,

I am on Entrepreneur Visa.
I need information about the dependent visa. I got visa in 2014. I am going to apply ILR in May 2019. My wife got visa in October 2014. My son got visa in August 2015. Both son and wife came in UK end of August 2015 first time. Both lived here 4 months and went back home country. Both came back in March 2017. What will be the next application of them? My second Son born in UK in 2018. Now wife and both sons are in Back home country and will come back after 11 months.

Can i apply ILR of my wife and Son ( who born in Back Home Country) ? Both lived outside of UK From December 2015 to March 2017. And now From June 2018 to May 2019.

I heard according to new law they can apply bcz we all got Visa before January 2018.

Thanks.

[marcnath]

Hi,

I am on Entrepreneur Visa.
I need information about the dependent visa. I got visa in 2014. I am going to apply ILR in May 2019. My wife got visa in October 2014. My son got visa in August 2015. Both son and wife came in UK end of August 2015 first time. Both lived here 4 months and went back home country. Both came back in March 2017. What will be the next application of them? My second Son born in UK in 2018. Now wife and both sons are in Back home country and will come back after 11 months.

Can i apply ILR of my wife and Son ( who born in Back Home Country) ? Both lived outside of UK From December 2015 to March 2017. And now From June 2018 to May 2019.

I heard according to new law they can apply bcz we all got Visa before January 2018.

Thanks.

Your wife will only complete 5 years August 2020. So, she (and hence your first child) can only apply for ILR after that. If their visa expires before that, they will have to apply for a PBS dependant extension (assuming you are applying on 5 year ILR). Your second son will also need to apply for a dependant visa to come into the country.

[zimba]

I believe she is eligible for ILR in late 2019 (no absence limit applies to PBS dependants) however you must provide cohabitation documents and prove the relationship is subsisting. Long periods of your family being absent from the UK shows that you two are not cohabiting much and might not have a relationship that has been subsisting

[marcnath]

I believe she is eligible for ILR in late 2019 (no absence limit applies to PBS dependants) however you must provide cohabitation documents and prove the relationship is subsisting. Long periods of your family being absent from the UK shows that you two are not cohabiting much and might not have a relationship that has been subsisting

@zimba - Even though visa was granted in Oct 2014, the first entry is August 2015 - 10 months later. Do you think grant of visa will still be considered as the start of "living together in the UK" ?

[zimba]

That was the assumption until rule changes recently.

[CR001]

To avoid the risk of refusal due to not meeting the 5 year residence by a substantial length period, I would suggest the OP not apply for ILR for dependents until they have met the residence requirements from date of entry to the UK. 10 months delay is substantial, not even PBS main visa holders get this length of a concession.

[Dea guy]

I believe she is eligible for ILR in late 2019 (no absence limit applies to PBS dependants) however you must provide cohabitation documents and prove the relationship is subsisting. Long periods of your family being absent from the UK shows that you two are not cohabiting much and might not have a relationship that has been subsisting

She came in UK August 2015 and went Back in December 2015.
I went Back home in 2016 for 5 weeks.
She came back in UK March 2017 and lived in UK for 15 months. Now she went back home country in June 2018. I have visited Back home country in twice from June 2018 till now.
My wife and both Sons have Visa till 19 September 2019. All are coming back in May 2019 before Visa is expiring.

[Dea guy]

I believe she is eligible for ILR in late 2019 (no absence limit applies to PBS dependants) however you must provide cohabitation documents and prove the relationship is subsisting. Long periods of your family being absent from the UK shows that you two are not cohabiting much and might not have a relationship that has been subsisting

@zimba - Even though visa was granted in Oct 2014, the first entry is August 2015 - 10 months later. Do you think grant of visa will still be considered as the start of "living together in the UK" ?

Yes she got Visa in October 2014. She could not come UK bcz doctor did not allow her because of pregnancy.

[Dea guy]

Hi,

I am on Entrepreneur Visa.
I need information about the dependent visa. I got visa in 2014. I am going to apply ILR in May 2019. My wife got visa in October 2014. My son got visa in August 2015. Both son and wife came in UK end of August 2015 first time. Both lived here 4 months and went back home country. Both came back in March 2017. What will be the next application of them? My second Son born in UK in 2018. Now wife and both sons are in Back home country and will come back after 11 months.

Can i apply ILR of my wife and Son ( who born in Back Home Country) ? Both lived outside of UK From December 2015 to March 2017. And now From June 2018 to May 2019.

I heard according to new law they can apply bcz we all got Visa before January 2018.

Thanks.

Your wife will only complete 5 years August 2020. So, she (and hence your first child) can only apply for ILR after that. If their visa expires before that, they will have to apply for a PBS dependant extension (assuming you are applying on 5 year ILR). Your second son will also need to apply for a dependant visa to come into the country.

My wife and both sons have visa till 3rd week of September 2019. All of them will come back before expiring the visa.

[marcnath]

I believe she is eligible for ILR in late 2019 (no absence limit applies to PBS dependants) however you must provide cohabitation documents and prove the relationship is subsisting. Long periods of your family being absent from the UK shows that you two are not cohabiting much and might not have a relationship that has been subsisting

She came in UK August 2015 and went Back in December 2015.
I went Back home in 2016 for 5 weeks.
She came back in UK March 2017 and lived in UK for 15 months. Now she went back home country in June 2018. I have visited Back home country in twice from June 2018 till now.
My wife and both Sons have Visa till 19 September 2019. All are coming back in May 2019 before Visa is expiring.

Would have two years worth of cohabitation evidence then ?