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Hi,

I will be eligible for ILR application in 2022 Aug. I have currently completed 2 yrs in UK on Tier 2 G visa and my family is in India. They went for a family emergency and they have decided to stay back for couple of year. I have few queries related to my situation and I want to make sure we are taking right steps in alignment with ILR application rules.

I am spending around 90 days every year in India with the family. I travel back to India every 3 months and stay there for around 3 weeks. During this time I also work from India for a week so my salary is paid in total and I don't have any Loss of Pay. As per the rule within any continuous 12 months, I cannot be away from UK for more than 180 days and I am within this rule. Hope this is fine ?

My family may come back next year or year after. I assume continuous 5 yr stay is not applicable for my kids and I can apply for their ILR along with mine even if they come here and live with me just 1 month before my application for ILR. Both my kids will be less than 18 yrs old when the application will be made.

Regarding my wife, I assume she will have to stay for 5 yrs to be able to make the ILR application so Myself and both my kids can make ILR application and she will continuous to live on dependent or family visa. Is there any ways we can get her ILR or citizenship (If we apply for citizenship in 2023 after completing 1 yr with ILR) within 3 yrs or any less than 5 yrs period ?

If your dependants' visa were issued after 11 Jan 2018, the 180 days requirement for ILR applies to them too from the date such visa is granted. Your kids cannot get ILR unless your wife gets ILR as non UK born children follow the immigration path of the less privileged parent. There is no fast option to get ILR in 3 years. She needs 5 years for ILR but can apply for citizenship immediately if you were British

My dependent's visa was issued on Aug 2017 so does that changes the 180 day restriction for my dependent.

They have been away from UK now for about 8 months now so does the count reset ?

Do my kids also have to spend 5 yrs in UK before they can apply for ILR ? My daughter was born here but not my son. Does that change the eligibility for my daughter ?

In many forum, I saw that for kids there is no 5 yrs restriction and they can apply along with me when I complete my 5 yrs ? Isn't that true ?

REF -
https://www.whatdotheyknow.com/request/ ... ing-840182

shahulhamid1999 wrote: ↑

Sun Sep 29, 2019 10:44 pm

My dependent's visa was issued on Aug 2017 so does that changes the 180 day restriction for my dependent.

No. As I said absence limit applies to PBS dependants ONLY if their visa issued after 11 Jan 2018

Do my kids also have to spend 5 yrs in UK before they can apply for ILR ? My daughter was born here but not my son. Does that change the eligibility for my daughter ?In many forum, I saw that for kids there is no 5 yrs restriction and they can apply along with me when I complete my 5 yrs ? Isn't that true ?

There is no 5 year requirement for children.
Your UK born daughter can be directly registered as a British citizen when you get ILR. She does NOT need ILR. Your son however is a non UK born child. A non UK born child is granted ILR only when both parents are settled. That is because such children follow the immigration path of the less privileged parent. So your son will stay on the same immigration path as his mother.

The advice in the given FOI request is incorrect (for non UK born children) as per rules and it seems it was given by the UKVI customer service which is not really surprising as they dish out bad immigration advice all the time

Just one more clarification.
Dependent visa was issued in Aug 2017 which will expire on Aug 2020. My family will return to UK in June 2020 to extend the visa and continue to live with me.
My family will be away from UK for 18 months but under the visa which was issued in Aug 2017 and they will respect the 180 restriction under the new visa which will be issued in Aug 2020 so can they still apply for ILR along with me in Aug 2022?

Yes