Cohabitation proof for PBS dependent to ILR application

[ajavedhussain3585]

Hello Everyone,
Firstly I would like to thank everyone in advance for thier reply to my post.

Currently I'm on ILR visa based on Tier-2 (5 years route). My wife and my son (2 years) are currenlty on PBS(ILR) dependent visa. My wife will be completing her 5 years next month in UK, but she had been in India for almost 15 months(November 2016- February 2018) continously during her pregnancy and health issues.

May I please know if she is eligible to apply for ILR as she has been out of UK for 15 months? Below are the details

Initial Visa granted 24/07/2014 Tier-2 General Dependent(Entry Clearance)
Tier-2 General Dependent visa extension 18/12/2015
ILR/PBS Dependent visa 22/11/2018 valid until 22/11/2021

Regards
Attar

[CR001]

My wife and my son (2 years) are currenlty on PBS(ILR) dependent visa.

There is no such visa category. She holds EITHER a PBS Dependent visa OR a ILR dependent visa. Two different visa categories and rules completely.

My wife will be completing her 5 years next month in UK, but she had been in India for almost 15 months(November 2016- February 2018) continously during her pregnancy and health issues.

There is NO absence limit for PBS dependents who held visas issued BEFORE 11th January 2018.

Important to clarify exactly what you applied for last year.

indefinite-leave-to-remain/ilr-dependen ... l#p1695678

[ajavedhussain3585]

Thanks for the reply CR001

My wife and my son (2 years) are currenlty on PBS(ILR) dependent visa.

There is no such visa category. She holds EITHER a PBS Dependent visa OR a ILR dependent visa. Two different visa categories and rules completely.

Apologies for the confusion here, they are currenlty on the PBS Dependent visa

My wife will be completing her 5 years next month in UK, but she had been in India for almost 15 months(November 2016- February 2018) continously during her pregnancy and health issues.
There is NO absence limit for PBS dependents who held visas issued BEFORE 11th January 2018.

After 11th January 2018, they got their visa extended and is valid from 25/11/2018 till 22/11/2021.
After 11th January 2018, they do not have absence for more than 180 days, that means they are good to go for their ILR application once they reach eligibility of 5 year which is next month. Am I right here?

Important to clarify exactly what you applied for last year.

PBS Dependent(I obtained my ILR before they applied for their PBS dependent visa last year)
indefinite-leave-to-remain/ilr-dependen ... l#p1695678

[CR001]

Any absence before 11th January 2018 is irrelevant.

Only absence from their visas issued in November 2018 would count if they have absence.

[ajavedhussain3585]

Hello everyone,

I got my ILR last October based on Tier-2(5 years route) My wife has completed her 5 years as a PBS dependent and is eligible to apply for ILR this month. She was last granted her PBS dependent visa extension in September, 2018 which is valid for the next 2 years.

My question is, can I provide the Cohabitation proof from September 2018 as that is the last visa granted or does it definitely need to be for the last 2 years.

Here is what the UKVI says

"If you have a spouse or civil partner listed in section 2 of this application form who is applying
at the same time as you, please provide documentary evidence of cohabitation since you
were last granted leave (up to a maximum of two years). Evidence provided should cover the
whole period and be in the form of official letters or documents, addressed to yourself and
your spouse."

Many thanks for taking time and reading my question.

Thanks
Attar

[CR001]

Two years evidence.