Tire 2 PSB / Dependants / ILR

[Salmaru]

Hi,
I am working in UK under Tier 2 since May 2014. My visa was issued on 1st May 2014.

Spouse and one kid (10 years old now) got dependant visa on 14th May 2014.They came in UK, January 2015. Because of various reasons they have been irregular to stay in UK which is as below.


Dependants Visas were issued on 15th May 2014. (Later on extended)

1. First entered / Arrived in UK / Glasgow 07 Feb 2015

2. Travelled / outside UK 20 Nov 2015 to 27 Nov 2015

3. Travelled / outside UK 26 Jan 2016 to 18 Feb 2016

4. Travelled / outside UK 09 April 2016 to 26 Dec 2016

6. Travelled / outside UK 20 Feb 2017 to 24 April 2017

8. Travelled outside UK 02 Aug 2017 to 29 Aug 2017

Since 29 August, they are staying in UK continuously.


As I read and understand under new rule for PSB dependants, as they have been issued visa on 15th May 2014 and there will be no break from Jan 2018 --- can they apply for ILR together with me in End of April / beginning of May’ 19.

rgds
Salma

[CR001]

They will likely only qualify for ILR in 2020 as they entered the UK more than 180 days after visa was issued.

[Salmaru]

Hi,
I am confused as home office guidance mentions that calculation will start from date of granted leave not from date of entry.
'''PBS dependants
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018.
''''
Please advise.
Salma

[CR001]

Yes agree, but the immigration rules states 5 years residence required, not 4 years and 3 months.

[Salmaru]

Can my child apply with me, so that spouse can apply later.

Or for child both the parent need to have ILR.