ILR dependent Visa from India

[ajavedhussain3585]

Hi,
Firstly thanks in advance for the wonderful people answering my query below.
I got my ILR last week on 20/09/2018 based on Tier-2(5 years route). My wife and my 1 year old son, they both are on Tier-2 dependent visa and is valid until 14/11/2018. They travelled to India on 23/09/2018 and are planning to extend their visa from India.

My wife first got her Tier-2 dependent visa in June 2014 but she stayed in India for 15 months(October 2016 to February 2017) due to health issues during her pregnancy. My son was born in August 2017 and applied for his dependent visa from India.

May I please know

1. Is my wife still eligible to apply for ILR after June 2019 ?
2. Which Visa category should they(my wife and my son) apply under now, ILR dependents?
3. When can my son apply for ILR?

I apologies if the above questions are very basic, but I do not have much knowledge in this area and I completely trust on the advise provided in this platform.

Greatly appreciate you help in this regard.

Kind regards
AJ

[secret.simon]

2. Which Visa category should they(my wife and my son) apply under now, ILR dependents?

As you got ILR on the PBS route, they continue as PBS dependents till ILR. If they switch to ILR dependents, it will another five years before they get ILR.

3. When can my son apply for ILR?

As the child was born abroad, with the less-privileged parent, in this case, the mother.

[ajavedhussain3585]

2. Which Visa category should they(my wife and my son) apply under now, ILR dependents?

As you got ILR on the PBS route, they continue as PBS dependents till ILR. If they switch to ILR dependents, it will another five years before they get ILR.
Hi secret.simon,

Many thanks for the reply. As my visa is now changed from Tier2 to ILR can my dependents still go as Tier2 dependents? I guess VFS will ask for my current visa status and then in that case it will be a mismatch. Please correct me if I am wrong?

3. When can my son apply for ILR?

As the child was born abroad, with the less-privileged parent, in this case, the mother.

Can you please also clarify when my wife will be eligible for the ILR, as she was out of UK for 15 months during her pregnancy but with the valid visa?

Kind regards
AJ

[CR001]

You really should have extended her visa before she traveled out of the UK.

An application outside the UK is an entry clearance visa not an 'extension' and to maintain continuity of residence, she must apply for the visa within 14 days outside the UK and will only get a 30 day visa to return to the UK.

Any visa issued after 11th January 2018 means she is subject to the 180 days absence limit.

Her previous maternity is irrelevant.

She will qualify for ILR in June next year.

[ajavedhussain3585]

Hi CR001,

Many thanks for your reply. I have seen many of your replies and you are truly helpful to many people when they need a genuine advise.

1. May I please know if my wife can still extend her visa as a Tier2 dependent as my status is now changed to ILR and UKVI may need my current status when my wife makes an application to extend her visa?

2. If my wife apply for the visa within 14 days after going out of the country, can we mention the intended date of travel, say if she wants to return back in first week of January but eh visa is applied within this week?

Please advise.

Kind regards
AJ

[ajavedhussain3585]

You really should have extended her visa before she traveled out of the UK.

An application outside the UK is an entry clearance visa not an 'extension' and to maintain continuity of residence, she must apply for the visa within 14 days outside the UK and will only get a 30 day visa to return to the UK.

Any visa issued after 11th January 2018 means she is subject to the 180 days absence limit.

Her previous maternity is irrelevant.

She will qualify for ILR in June next year.
Hi CR001,

1. May I please know if my wife can still extend her visa as a Tier2 dependent as my status is now changed to ILR and UKVI may need my current status when my wife makes an application to extend her visa?

2. If my wife apply for the visa within 14 days after going out of the country, can we mention the intended date of travel, say if she wants to return back in first week of January but eh visa is applied within this week?

Please advise.

Kind regards
AJ

[ajavedhussain3585]

2. Which Visa category should they(my wife and my son) apply under now, ILR dependents?

As you got ILR on the PBS route, they continue as PBS dependents till ILR. If they switch to ILR dependents, it will another five years before they get ILR.

Hi Simon,
Can my wife and son apply for Tier-2 dependent extension as PBS dependents from India?

regards
AJ