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Dear All,

I hope you can help me on my question , my wife came to UK in 15.09.2015 with PBS Dependant visa , and I am currently under Tier 2 ICT visa , as she spent in UK more than 3 years we wondered how many more days she can go abroad to visit family as we also expecting a baby next year.

Total absence whole days will be 311 up until May 2019 and she did not spend more than 105 days in any 12 consecutive months , so we wonder that:

1. What is the max absence my wife could spend in any consecutive 12 months period to apply ILR?
(I heard that is 180 days but some websites I read as 90 days only. )

2. What is the total absence days my wife could spend in total 5 years to apply ILR?


Here is breakdown of the journeys breakdown of last 45 months

Exit from UK Entry to UK Year WHOLE DAYS
27.03.2019 29.04.2019 2019 32
23.03.2019 25.03.2019 2019 1
14.12.2018 31.12.2018 2018 16
06.10.2018 10.10.2018 2018 3
31.08.2018 24.09.2018 2018 22
21.06.2018 01.07.2018 2018 9
03.05.2018 09.05.2018 2018 5
13.03.2018 30.03.2018 2018 16
21.12.2017 01.01.2018 2017 10
18.10.2017 03.11.2017 2017 14
18.09.2017 02.10.2017 2017 13
30.06.2017 23.07.2017 2017 22
23.06.2017 27.06.2017 2017 3
29.04.2017 03.05.2017 2017 4
13.04.2017 23.04.2017 2017 9
15.02.2017 06.03.2017 2017 18
23.12.2016 08.01.2017 2016 15
17.09.2016 02.10.2016 2016 14
13.07.2016 31.07.2016 2016 17
12.05.2016 30.05.2016 2016 17
22.04.2016 01.05.2016 2016 8
20.02.2016 12.03.2016 2016 20
23.03.2016 29.03.2016 2016 5
24.12.2015 28.12.2015 2015 3
21.11.2015 05.12.2015 2015 13
14.11.2015 17.11.2015 2015 2
15.09.2015 2015 First entry to UK

Thanks in advance

Regards,
Levent

She won't qualify for ILR as a Tier 2 ICT dependent because you won't qualify for ILR as a Tier 2 ICT dependent. You have also previously posted and asked about your ILR based on Long residence, which would not apply to her when you apply either.

indefinite-leave-to-remain/long-term-il ... l#p1672776

many thanks for your reply.

I am qualified to get ILR with 10 year extention as my visa granted before 06.04.2011 changes before the cooling off period , my visa granted on 04.04.2011. hope its clear and can get answer regarding my query

many thanks for your reply CR001 , as you answered other subject regarding my ILR that the ICT visa granted in 04.04.2011 and came to uk in 2010 which you confirmed that I can get ILR after 10 years long residence that I am aiming to apply ILR next year.

When my wife could be able apply for the ILR then if she is under existing Tier 2 ICT visa rules?

Should she spent an other 5 years in UK after my ILR granted ?

two more questions sorry..

My wife's visa type "PBS Dependant Leave to Remain" , there is no wording saying Tier 2 ICT , so still no chance she can apply the ILR after 5 years period?

We are expecting a baby soon , when I get the citizenship within 2 years could the chil also would get the the citizenship ?

She won't be able to apply for ILR based on PBS Dependent visas if you apply for ILR based on long residence. The rules don't allow it and changed in April 2014. She will have to switch to FLR(M), which also resets her ILR 5 year clock to zero and a new 2 x 2.5 year visas before she can apply for ILR.

immigration-for-family-members/dependan ... 43881.html

If your child is born in the UK, then once you have ILR you can register the child as British on form MN1, currently costs £1033.