what happens to my wife & child dependant visa if I got ILR in Jan 2020

[VishnuSrinivasan]

Hi,

I hold Tier 2 (Genera) Leave to Remain Visa until Jan 2021 and my wife and child has PBS Dependant Leave to Remain visa until Jan 2021.

I am planning to apply for ILR in December 2019 so that I may get my ILR by Jan 2020.

My wife and child went to India for some person reason in July 2019, so they are not eligible to apply for ILR now as they did not complete 5 years in UK and has stayed out of UK more then 180 days.

I am planning to bring my wife and child to UK in March 2020 for 3 months, but I am not sure whether their visa will remain same and valid to travel to UK once I get my ILR in Jan 2020.

1) Once I get my ILR can they travel to UK from India with same visa i.e. PBS Dependant Leave to Remain visa which has validity until Jan 2021 ?

2) If they can not travel with same PBS Dependant Leave to Remain visa, what is the best option for them to travel to UK from India for short term (3 months)

I tried to clear my doubt in many web sites, but no where it is clear and in UK PBS document also it is not clear. Can anyone in this group please advise.

Thanks in advance for your advice!

Kind regards,
Vishnu

[CR001]

If you apply for ILR based on Tier 2, their visas remain valid.

Absence limit only affects them if there current visa was issued on or after 11 January 2018. Visas issued before this date have NO absence limit.

[VishnuSrinivasan]

Thanks for the confirmation that there is no issue for my Wife and child to travel back to UK, I believe after my visa status change to Tier 2 General to ILR, my Wife and child can come any time to UK until their current visa expired (i.e. until Jan 2021).


Sorry,but I am confused with your statement " Absence limit only affects them if there current visa was issued on or after 11 January 2018. Visas issued before this date have NO absence limit." ,

I believe you mentioned this for the query I mentioned that "My wife and child are not eligible to apply for ILR now as they did not complete 5 years in UK and has stayed out of UK more then 180 days" , correct me if I am wrong.

[CR001]

You have not stated when their current visas were issued/granted.

If their current visas were granted/approved/issued BEFORE 11th January 2018, then there is no absence limit of 180 days applicable to them.

You have provided very limited information, have not stated when they got their visas or how long they have been in the UK as Tier 2 dependents.

[VishnuSrinivasan]

Sorry, for not providing more information.

I got Tier 2 (Genera) Leave to Remain Visa on Jan 2015 and it was extended twice each time 2 years visa extended, in my last extension i.e. in Jan 2019, I got Tier 2 (Genera) Leave to Remain Visa validity until Jan 2021.

My wife got PBS Dependant Leave to Remain visa on Jan 2015 and it was extended twice each time 2 years visa extended, in her last extension i.e. in Jan 2019, she got same type of visa (PBS Dependant Leave to Remain visa) validity until Jan 2021.

My wife was in UK between Jan 2015 to April 2015 and Jan 2016 to July 2019. So I think there is more then 180 days gaps for here.

My Child got PBS Dependant Leave to Remain visa on Jan 2016 and it was extended twice each time 2 years visa extended, in her last extension i.e. in Jan 2019, she got same type of visa (PBS Dependant Leave to Remain visa) validity until Jan 2021.


Hope I have provided all information, can you please advise me whether there is no issue for my Wife and child to travel back to UK, I believe after my visa status change to Tier 2 General to ILR, my Wife and child can come any time to UK until their current visa expired (i.e. until Jan 2021), please correct me if I am wrong.

[CR001]

My wife was in UK between Jan 2015 to April 2015 and Jan 2016 to July 2019. So I think there is more then 180 days gaps for here.

The absences in 2015 and 2016 are irrelevant. Only absence since her last visa was issued counts. Note that if your wife remains out of the UK for 180 days or more, her ILR 5 year clock will likely reset as she has broken her continuous residence.

Hope I have provided all information, can you please advise me whether there is no issue for my Wife and child to travel back to UK, I believe after my visa status change to Tier 2 General to ILR, my Wife and child can come any time to UK until their current visa expired (i.e. until Jan 2021), please correct me if I am wrong.

I have already answered this!!!

[VishnuSrinivasan]

Thanks for details, I am clear now.