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ILR Eligibility for PBS Dependent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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RevathiGanesh
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Joined: Mon Jun 24, 2019 3:21 pm
India

ILR Eligibility for PBS Dependent

Post by RevathiGanesh » Wed Sep 25, 2019 3:55 pm

Hi,

This query is for me,I am a PBS Dependent and my husband got his ILR on Oct 2018,I am planning to go for my ILR on Tier 2 General on 5 year route.

My first visa issue date is:26 Feb 2014 to 19.Oct.2016
My 1st extension visa issue date is 18.April.2016 to 14.Dec.2019
My 2nd extension visa issue date is: 8.Feb.2019 to 6.Jan.2022

and my absences are

24 August 2015 - 4 May 2016 [ 254 days] (To India for Delivery)
29 Nov 2016 - 26 December 2016 [ 27 days] (to India for vacation)
27 March 2018 - 1 May 2018 [35 days] (To India for vacation)
19 March 2019 - 29 May 2019 [71 days](To India for vacation)

Now my questions are:

1)can I ignore my first absence which is between 24 Aug 2015 to 4 May 2016 as it is prior to 11 Jan 2018 ?
2)since Jan 2018 are my absences within the limit? Am I eligible for ILR now?
3)My son is 3 years old ,born in India ,should he full fill the 5 year stay to be eligible for ILR or can he apply along with me? If, "yes" which form should we use for the child?

Thanks in Advance
Rev

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR Eligibility for PBS Dependent

Post by CR001 » Wed Sep 25, 2019 4:01 pm

On what basis did your spouse get ILR, 5 years Tier 2 or 10 years long residence??
1)can I ignore my first absence which is between 24 Aug 2015 to 4 May 2016 as it is prior to 11 Jan 2018 ?
Only absence for visas issued on or after 11th January 2018 is counted.
2)since Jan 2018 are my absences within the limit? Am I eligible for ILR now?
You could have applied in February already instead of applying for an extension.
3)My son is 3 years old ,born in India ,should he full fill the 5 year stay to be eligible for ILR or can he apply along with me? If, "yes" which form should we use for the child?
He can apply with you. Once form for both of you. You as main applicant and child as dependent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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