Tier 2 general dependents out of stay from UK

[Ravipda]

Hello,

I have tier 2 general visa valid from 02nd August 2017 to 21st July 2019.

My dependents , my spouse and daughter have tier 2 general dependent visa (PBS dependent ) valid from 24th October 2017 to 21st July 2019.

My dependents entered UK on 05th Nov 2017 and left UK ON Jan 14th 2018. They will be staying in India till May 15th 2018. For a period of 121 days.

So out of stay from UK is 121 days. Are they eligible to fly back to UK on May 16 2018. Since validity of BRP card is till 21st July 2019. I have been trying to find answers but not getting clear information. Please help.

[ashishkm]

Hello,

I have tier 2 general visa valid from 02nd August 2017 to 21st July 2019.

My dependents , my spouse and daughter have tier 2 general dependent visa (PBS dependent ) valid from 24th October 2017 to 21st July 2019.

My dependents entered UK on 05th Nov 2017 and left UK ON Jan 14th 2018. They will be staying in India till May 15th 2018. For a period of 121 days.

So out of stay from UK is 121 days. Are they eligible to fly back to UK on May 16 2018. Since validity of BRP card is till 21st July 2019. I have been trying to find answers but not getting clear information. Please help.

I believe it is Multi entry VISA, then yes is my answer.

[ashishkm]

Hello,

I have tier 2 general visa valid from 02nd August 2017 to 21st July 2019.

My dependents , my spouse and daughter have tier 2 general dependent visa (PBS dependent ) valid from 24th October 2017 to 21st July 2019.

My dependents entered UK on 05th Nov 2017 and left UK ON Jan 14th 2018. They will be staying in India till May 15th 2018. For a period of 121 days.

So out of stay from UK is 121 days. Are they eligible to fly back to UK on May 16 2018. Since validity of BRP card is till 21st July 2019. I have been trying to find answers but not getting clear information. Please help.

I believe it is Multi entry VISA, then yes is my answer.

but I am not sure if 121 day absence may discount them from ILR in case if you are planning it after your 5 year completion.

[Ravipda]

Thank you so much @ashishkm.

[Casa]

Hello,

I have tier 2 general visa valid from 02nd August 2017 to 21st July 2019.

My dependents , my spouse and daughter have tier 2 general dependent visa (PBS dependent ) valid from 24th October 2017 to 21st July 2019.

My dependents entered UK on 05th Nov 2017 and left UK ON Jan 14th 2018. They will be staying in India till May 15th 2018. For a period of 121 days.

So out of stay from UK is 121 days. Are they eligible to fly back to UK on May 16 2018. Since validity of BRP card is till 21st July 2019. I have been trying to find answers but not getting clear information. Please help.

Not

I believe it is Multi entry VISA, then yes is my answer.

but I am not sure if 121 day absence may discount them from ILR in case if you are planning it after your 5 year completion.

Not so! Under the new 180 absence rules for PBS dependants, absences will be disregarded for the remainder of their existing leave.

This only affects ILR for PBS Dependants who applied for entry clearance outside of the UK from April 2018

[ashishkm]

Hello,

I have tier 2 general visa valid from 02nd August 2017 to 21st July 2019.

My dependents , my spouse and daughter have tier 2 general dependent visa (PBS dependent ) valid from 24th October 2017 to 21st July 2019.

My dependents entered UK on 05th Nov 2017 and left UK ON Jan 14th 2018. They will be staying in India till May 15th 2018. For a period of 121 days.

So out of stay from UK is 121 days. Are they eligible to fly back to UK on May 16 2018. Since validity of BRP card is till 21st July 2019. I have been trying to find answers but not getting clear information. Please help.

Not

I believe it is Multi entry VISA, then yes is my answer.

but I am not sure if 121 day absence may discount them from ILR in case if you are planning it after your 5 year completion.

Not so! Under the new 180 absence rules for PBS dependants, absences will be disregarded for the remainder of their existing leave.

This only affects ILR for PBS Dependants who applied for entry clearance outside of the UK from April 2018

Thanks Casa for correcting. I didnt fully understood this. could you please explain? how does this 180 absence rule work

does it mean, total absence per year is 180 days is allowed and it wont affect ILR? or did I get it completely wrong!

[Casa]

180 days absence in any 12 month rolling period (not calendar year).

[ashishkm]

180 days absence in any 12 month rolling period (not calendar year).

Thank you Casa