ILR for Depenendent if 180 days rule is broken

[Pg23]

So Do I still need to present employer's letter for the time I spent abroad ?
Thanks in advance

[Pg23]

Hello Guys.

Hope everyone is fine.
We have a bit tricky scenario and need advice.
I am about to apply for my ILR.
My wife went to India 2022 for her whole pregnancy, she was there for more than 180 days. I am not sure can be considered for applying for ILR. If she can somehow please guide.
My Son was born in India, and he's on my Dependant Visa, can he apply for an ILR if I gets an ILR?
Please guide

[zimba]

Hello Guys.

Hope everyone is fine.
We have a bit tricky scenario and need advice.
I am about to apply for my ILR.
My wife went to India 2022 for her whole pregnancy, she was there for more than 180 days. I am not sure can be considered for applying for ILR. If she can somehow please guide.
My Son was born in India, and he's on my Dependant Visa, can he apply for an ILR if I gets an ILR?
Please guide

No, she fails the requirements of ILR. The child will follow the mother's (the less privileged parent) immigration path, not yours

[vinny]

Unfortunately,

Time spent overseas due to pregnancy, maternity, paternity, parental leave, adoption-related leave or illness is treated the same way as any other absence, that is, within the 180 days in any 12 months.

[Pg23]

Hello Guys.

Hope everyone is fine.
We have a bit tricky scenario and need advice.
I am about to apply for my ILR.
My wife went to India 2022 for her whole pregnancy, she was there for more than 180 days. I am not sure can be considered for applying for ILR. If she can somehow please guide.
My Son was born in India, and he's on my Dependant Visa, can he apply for an ILR if I gets an ILR?
Please guide

No, she fails the requirements of ILR. The child will follow the mother's (the less privileged parent) immigration path, not yours

Thanks Zimba
So she is on Skilled worker dependant, which visa you recon I can apply for her.
Will it be extension of the same Visa and for how long.? Thanks

[Pg23]

Unfortunately,

Time spent overseas due to pregnancy, maternity, paternity, parental leave, adoption-related leave or illness is treated the same way as any other absence, that is, within the 180 days in any 12 months.

Thanks Vinny. Really appreciate

[Pg23]

Hello Everyone.

I will be applying for my ILR in November. I have spouse and a child but they are not getting eligible for ILR.
My wife has spent more than 6 months outside UK becaise of pregnancy and birth and my baby was also born outside of the UK.
Currently I am on skilled worker Visa.
Can someone suggest which Visa should I apply for both of them ?
Thanks in advance

[CR001]

Skilled worker dependent visa. It will be a 3 year extension.

[Pg23]

Skilled worker dependent visa. It will be a 3 year extension.

Thank you

[Pg23]

Hello Everyone.

I have a use case for my Dependents for their ILR.

I'll be applying for my ILR on 25th of November. My wife is on Tier 2 Dependent Visa and we lived in the UK for 5 years.
Though my wife was out of the UK for more than 6 month in a year due to her pregnancy and delivery which was breaking her 180 days rule. My Son was born in 2022 Sep.

May I know what is the best way to get both of them to the ILR. Our assemption is I need to extend their existing Visa for another 3 years which will complete both of their 5 years from the Son was born and my wife came back to the UK after breaking 180 days rule.
May I know what is the best possible way other then this to get both of their ILRs.

Thanks in advance

[CR001]

Your wife doesn't qualify for ilr. Her continuous residencen is broken due to her long absence. Her clock starts again from zero from the date she returned to the uk after delivery.

You need to extend both their visas. Your son will qualify for ilr when your wife does.

Topics merged. You are already told this when you asked the same question in July/August this year!! Nothing has changed in the rules and there is no shortcut route to ilr for your dependents

[Pg23]

Skilled worker dependent visa. It will be a 3 year extension.

Hello Thank you for the advice.
I got my ILR and now want to do the skilled worker extension.
Now on what basis should I apply, based on my ILR or old COS.
Also I am bit confused whether should I do it with the app or go for the Biometric, as someone told me that using App for dependant Visa you won't get the priority application submission.
Can you or someone please help

[zimba]

They apply based on your previous status as a skilled worker, as your dependants as usual. The skilled worker route is not eligible for App biometrics submission. Ask any related questions in the family immigration forum.

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