ILR-Tier2 Dependant for 5 years

[5yearTier2]

Hi all,

I have been reading previous posts but couldn’t find a similar case so I decided to post my case here.

Myself (Husband) situation:
1. Tier 2 general since 09/2013;
2. Obtained ILR in 09/2018.

Wife situation:
1. Tier 2 PBS dependant since 01/2015 (student visa before that);
2. Renewed Tier 2 PBS dependant visa after husband got his ILR. Current Tier 2 PBS dependant visa is valid till 11/2021.

Ok...so after getting my ILR, I had to quit my job in Jan.2019 as my mum got ill and I had to go back to Korea very often.

My wife still needs to stay in the UK continuously till 01/2020 to obtain ILR.

So my questions are:

1. For the next year or two, I might not be living in the uk continuously, would that affect my wife’s ILR application in 01/2020? Of course, my wife will live in the UK for as long as she can to meeting the 5 year continuous period rule.

2. We have got two kids (not in nursery yet) and they have got British passports. Ideally, I would like the kids to go to Korea for as often as they can to see their grandmum but would it be better if they stayed in the UK with the mum to show as evidance that our home is still here?

3. I don’t have a job just now, is it necessary for me to get a job maybe later this year in order for my wife to apply for ILR? Or would we only need to have certain amount of cash in the bank when she applies for ILR? Or do we need both?

Thank you for reading my post. Your help is appreciated!

Kind regards,

SunK

[zimba]

1. For the next year or two, I might not be living in the uk continuously, would that affect my wife’s ILR application in 01/2020? Of course, my wife will live in the UK for as long as she can to meeting the 5 year continuous period rule.

You need to demonstrate that you cohabit in the UK. As long as you have two years of evidence showing that you should be fine

2. We have got two kids (not in nursery yet) and they have got British passports. Ideally, I would like the kids to go to Korea for as often as they can to see their grandma but would it be better if they stayed in the UK with the mum to show as evidence that our home is still here?

That is not very relevant

3. I don’t have a job just now, is it necessary for me to get a job maybe later this year in order for my wife to apply for ILR? Or would we only need to have certain amount of cash in the bank when she applies for ILR? Or do we need both?

No need to have a job or savings when you apply for ILR under SET(O) as a PBS dependat

[5yearTier2]

1. For the next year or two, I might not be living in the uk continuously, would that affect my wife’s ILR application in 01/2020? Of course, my wife will live in the UK for as long as she can to meeting the 5 year continuous period rule.

You need to demonstrate that you cohabit in the UK. As long as you have two years of evidence showing that you should be fine

Thank you Zimba for your reply.

What kind of evidance should I provide? Bank statement only?

Do I need to provide my passport? As long as I provide passport, home office would find out that I am actually not in the UK a lot between 01/2019 and 01/2020.

Tkank you again!

Kind regards,
SunK

[zimba]

Cohabitation evidence is rental agreement, joint mortgage, council tax bill, any evidence showing you two living at the same address.
You do not need to provide your passport