Immigrationboards.com

Hi,
Requesting your suggestion/comments please:


Days in UK UK Entry/Return India Entry / UK exit "Days out of UK
(in India)"
672 22-Jul-11 24-May-13 676
153 31-Mar-15 31-Aug-15 4
90 04-Sep-15 03-Dec-15 874
52 25-Apr-18 16-Jun-18 345
22 27-May-19 18-Jun-19 151
47 16-Nov-19 02-Jan-20 7
27 09-Jan-20 05-Feb-20 413
284 24-Mar-21 02-Jan-22 143
70 25-May-22 03-Aug-22

Total days in UK: 1417 Total days in India Total: 2613


* We came to the UK (My wife, Son, Daughter, me) on 21st July 2011 on ICT Tier 2 Visa.

* My Wife, Son, Daughter have been on ICT Tier 2 Dependent visa. They have been living in India & the UK.
> I got ILR in June 2021 & became a UK Citizen in Sept 2022 - through a 10 years long residence route.
- My wife/daughter/son were not eligible for ILR (I assume) because the gap is more than 180 days.
> My Wife & Daughter had been moved to Family dependent visa in July 2021 (after I got ILR) and have been living with me

* My Son has been on ICT Tier 2 Dependent visa (not moved into Family dependent visa) since July 2011
- He Lived in the UK from his Year 4 class to Year 8 class & then moved to India for studies.
- Year 9 class onwards he has been studying in India. Currently, he is in 3rd year BTech in Delhi
University.
- During his holidays regularly, he comes and lives with us in UK
- My Son attained age 18 years on 8th Feb 2021 was (His Date of Birth is 8th Feb 2003)

- He will complete his undergraduate studies in India next year and should come back to UK for Masters & work & Settlement
- His current PBS Dependent visa expires Feb'23

My queries: What are the possible options for him to come back to the UK (Studies/work/settlement) please?

1) ILR: Can I apply for his ILR based on a 10 year long route with valid reason (consider below) for his absence in the UK for more than 180 days please?

- During the last 12+ years since July 2011, once when my son/wife/daughter were in India I had extended their Dependent visa (ICT Tier2) 'after' it expired.
- In all other instances I had extended their visa 'before' it was due to expire. Hope it is ok.

Can we provide a) his studies b) My old aged father /mother's caring needs c) my father-in-law's health/caring needs. (Both my father and father-in-law passed away a few years back due to ill-health.)

2) PBS Dependent: His current ICT Tier 2 Dependent visa expires Feb'23

3) Family dependent: Is he eligible as his current age is 19+ years?

4) like any other independent international student: He will apply for Student visa & PSW & then Work Visa by his future employer

What would be my best option please?

1. He doesn't qualify for long residence ilr. His continuity of residence is broken due to substantial absences. There is no discretion.

2. He cannot extend his PBS dependent visa either.

3. As he is over 18, he doesn't qualify for the child settlement visa either.

4. That would be his only possible option.

It is also NOT necessary to post the same question repetitively in different sub forums!!!

Thanks for your response