How many days can I be out of UK?

[Faar23]

I am living as a Tier2 (Gen) dependent in UK from Aug 2013. My husband is on ILR.
However, I have stayed outside UK for 11months in year 2014-15 and then came back but after that I have gone abroad (mostly to Canada) for a couple months a few times.

Our current family visa status:
Husband = ILR Permit
Wife = Tier2 dep
Daughter 1 = Tier2 dep (born abroad)
Daughter 2 = British passport (UK born)


Question 1: Am I (wife) eligible to apply for an ILR visa or would I be applying ILR dependant visa? If ILR then which application form should i use?

Question 2: if not eligible for ILR than what type of visa should I apply? What is the application form? And, how much would be my the fee?

Question 3: What visa should we apply for our daughter1 (born abroad)

Is there any way my daughter 1 and I can be on ILR instead of dependant visas?

Many thanks in advance for your guidance, as we are confused and need your help please!!

[cyclina1]

I am living as a Tier2 (Gen) dependent in UK from Aug 2013. My husband is on ILR.
However, I have stayed outside UK for 11months in year 2014-15 and then came back but after that I have gone abroad (mostly to Canada) for a couple months a few times.

Our current family visa status:
Husband = ILR Permit
Wife = Tier2 dep
Daughter 1 = Tier2 dep (born abroad)
Daughter 2 = British passport (UK born)


Question 1: Am I (wife) eligible to apply for an ILR visa or would I be applying ILR dependant visa? If ILR then which application form should i use?
You should always extend your dependent visa as PBS dependent, even your husband has ILR. When you fulfill 5 years in the UK, you can apply ILR.
It is not the matter even if you leave the UK more than 180 days before 11 Jan 2018. So actually you can apply ILR via 5 years PBS dependent route now.

Question 2: if not eligible for ILR than what type of visa should I apply? What is the application form? And, how much would be my the fee? No. You are eligible now.

Question 3: What visa should we apply for our daughter1 (born abroad) ILR. When you also granted ILR.

Is there any way my daughter 1 and I can be on ILR instead of dependant visas? Yes.

Many thanks in advance for your guidance, as we are confused and need your help please!!

[Faar23]

You should always extend your dependent visa as PBS dependent, even your husband has ILR. When you fulfill 5 years in the UK, you can apply ILR.
It is not the matter even if you leave the UK more than 180 days before 11 Jan 2018. So actually you can apply ILR via 5 years PBS dependent route now.

Many thanks for the clarifications!!

Question1: Following are some more details to re-confirm that am I (wife) eligible for an ILR or not?

Visa type:
Tier2 Partner- 16/Aug/13  to 12/Aug/16
PBS Dependent- 16/Nov/16  to 11/Oct/18


First arrival in UK:
26/Aug/13


Absence from UK:
From=  25/Oct/14    To=  05/Oct/15
From= 11/Aug/16    To=  23/Nov/16
From= 28/Jan/17    To=  20/Feb/17
From= 07/Aug/17 To= 22/Sept/17
From= 29/Dec/17     To= 28/Jan/18

[CR001]

You could have already applied within 28 days before 16th August, so YES you are eligible.

[Faar23]

You could have already applied within 28 days before 16th August, so YES you are eligible.

Okay, thanks for answering. Just a few last questions. From 2014 to 2015 I was absent from UK for a year (daughter1 was born in that time). I have been hearing many people say that you cannot be away from UK for more than 120 days consecutively. That if you are absent for longer than that (consecutively) then basically the clock for ILR eligibility resets and your time starts over again. Is that not true then? Or does it not apply to the dependants?

Also can I not apply my daughter1 ILR with me? Or must I apply it after I apply my ILR? Or after I have received my ILR?

In terms of the application for ILR would it be the straight forward application or would I need to submit something extra?

Thanks.

[CR001]

There is NO absence limit for PBS Dependents who have visas issued BEFORE 11th January 2018 as has already been advised in yellow highlight by another member.

Yes you can apply for your daughter at the same time.

It is NOT a difficult application to make and you submit what is asked for.

[Faar23]

It is NOT a difficult application to make and you submit what is asked for.

Many thanks for the clarifications and confirmation!!

Which application form should i use for my ILR application?

[vinny]

SET(O).

[Faar23]

SET(O).

Thanks. I forgot to mention one detail while Looking at the application form and while collectiong the supporting documents.

Question: Along with all my details mentioned above, my husband have got an ILR on 27/Sept/2017; does this change any of the advice given above or should I keep filling my ILR Applition with SET(O) Form?

Prior to September 2017 he was on tier 2 work permit.

[CR001]

Question: Along with all my details mentioned above, my husband have got an ILR on 27/Sept/2017; does this change any of the advice given above or should I keep filling my ILR Applition with SET(O) Form?

No it does not change the advice. You can ONLY apply on form SET(O) if you hold a Tier 2 Dependent visa and applying on the basis of 5 years residence. There is no other form that you can use.

[Faar23]

What supporting documents do I need to provide for myself (Wife - PBS Dependent main applicant) and my daughters (age: 3 years)?

Do I also need to post my husbands Foreign passport and ILR Residence Permit card along with my SET(O) application's supporting documents?

[Faar23]

No it does not change the advice. You can ONLY apply on form SET(O) if you hold a Tier 2 Dependent visa and applying on the basis of 5 years residence. There is no other form that you can use.

Section 6 of SET(O) states that there should be no gap in between the 5 year PBS dependant visas. I have a few months gap as I had applied the extension from Canada. (Dates as following). Would this effect my ILR application?

Visa type:
Tier2 Partner- 16/Aug/13 to 12/Aug/16
PBS Dependent- 16/Nov/16 to 11/Oct/18

[Faar23]

Hello,

Question: PBS Application Form states that there should be no gap in between the 5 year PBS Dependant visas. I have a few months gap as I had applied the extension from Canada. (Dates as following). Would this effect my ILR application?


Visa Details:
Tier2 Partner- 16/Aug/13 to 12/Aug/16
PBS Dependent- 16/Nov/16 to 11/Oct/18

Thank you

[Faar23]

You could have already applied within 28 days before 16th August, so YES you are eligible.

Hello, can someone please answer my last query , it would be very appreciated because I am waiting to book my life in UK exam if I am still eligible for ILR.

My current PBS visa will expire in early October so I need to study for and book my exam before that.

Thank you

[Faar23]

There is NO absence limit for PBS Dependents who have visas issued BEFORE 11th January 2018 as has already been advised in yellow highlight by another member.

Yes you can apply for your daughter at the same time.

It is NOT a difficult application to make and you submit what is asked for.

Hi,

Can anyone answer my query please. We are hanging in the middle....

According to the new rules for PBS holiday I am qualifying for an ILR application now but looking at the following dates and gap, Is my continuous period broken? -

Visa type:
Tier2 Partner- 16/Aug/13 to 12/Aug/16
PBS Dependent- 16/Nov/16 to 11/Oct/18

GAP = 12/Aug/16 to 16/Nov/16 (Extension was applied at the end of Oct/2016 from Canada)

[zimba]

Did you leave before visa expiry, before the end of August 2016 ??

[Faar23]

Hi,

Yes I left for Canada on 11/Aug/16 and came back to UK on 23/Nov/16 soon after I got the visa.

Many thanks in advance!

[zimba]

You should be fine as you left before visa expiry and returned within 180 days

[Faar23]

Hi everyone, I previously posted this question in the link below.

indefinite-leave-to-remain/pbs-dependen ... 63017.html

Basically the summary is that I arrived in UK in 2013 and wasn't sure if I was eligible now for ILR or not because I was out of the UK for a year and then many mini breaks in the middle. And there was a gap of 75 days between my pbs dependant visas. The advice I got was mixed so I decided to apply for another pbs dependant visa extension instead of ILR because the 75 day gap was not going to be forgiven.

Anyways my question now is that once I am granted this extension how much time can I spend outside of UK without having my time reset to zero.

I am asking because in the previous thread everyone told me that if the time spent outside of UK was before January 2018 then no worries. It won't effect my ILR eligibility. However it's now past Jan 2018 so if I were to spend say another year outside UK would that effect my ILR eligibility in the next 3 years? Would spending a month outside UK every year for 3 years (that i am.granted the visa)have an effect on the ILR eligibility? Is there a set number of days I can spend outside the UK per year without it effecting my ILR eligibility. Asking because I have family in canada and Pakistan and they are always wanting me to come visit with the kids and I want to know if I can do that anymore or not.

[CR001]

Topics merged!!

If you have a visa issued after 11th January 2018, you are subject to the 180 days absence limit after this date. So yes, if you are absent for a year, you will be ineligible for ILR.

[Faar23]

Topics merged!!

If you have a visa issued after 11th January 2018, you are subject to the 180 days absence limit after this date. So yes, if you are absent for a year, you will be ineligible for ILR.

Is this limit of 180 days for per year or for the entire time the visa is granted for? Like 180 days for the whole 3 years or for year?

[CR001]

180 days in any 12 month cycle.