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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I am doctor working in uk under tier 2 visa for last 1 year

Resolved Question:

I am doctor working in uk under tier 2 visa for last 1 year (since Oct 2015). My tier 2 visa will expire on August 2021, but i will b eligibl for ilr on oct 2020 based on 5 years continuous stay. Due to my wife's work commitment back in bangladesh, my wife and child of 2 years age, have not yet permanently joind me in uk, but they have been holding the pbs dependent visa for the same duration as me. They have visited me twice, total stay in uk so far 2 months. I have some confusion regarding ilr eligibility for my family..
Qstn 1. Do dependents need to stay continuously in uk for 5 years or just holding the dependent visa for 5 years would b sufficient to apply for ilr? What is the minmn length of stay in uk requird by my dependents for ilr..if they had the dependent visa from Oct 2015?
Qstn2. If my family comes in the middle of next year (ie. 2 years after gettin the visa), can they still apply as the same time as me (which will b after 3 years of continuous stay in uk for them)?
Qstn3. If my wife cant apply at that time, can I still apply for ilr my child with my application ?
If I do get ilr but my wife doesnt, it means her visa status would have to change to 'dependent of settld person' visa. This leads to another qstn
Qstn 4. Would change in her visa status have any effect on her required length of stay? Or only continuous stay for 5 years enough? Can she apply for ilr after 5 years which includes 3 years as pbs dependent and further 2 years as dependent of settld person. Or does she need to stay under the same visa for 5 years?
Qstn 5. Another way her visa status could change is if she starts working as a trainee doctor in uk, in which case she would need to apply independently for tier 2 visa. So the same question again..would the various changes in her visa status in a period of 5 years have any bearing on the the length of stay required for ilr application.
Thank u very much for ur patience.
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. The answer to your first question is that your dependents must themselves be resident in the UK continuously for the five year period necessary to get ILR. It is not sufficient simply to hold a visa. They need to spend more than 275 days per annum in the UK ie less than 90 days outside the UK in any one year. This means that the answer to your second question is that your dependents cannot apply for ILR at the same time as you if they simply come to the UK in the middle of next year.

Expert:  Buachaill replied 10 months ago.

2, In regard to question 3, the position is the same for children as it is for adults. They must be continuously resident in the UK to qualify for ILR. Under question 4, a change to her visa status will not affect the five years continuous residence requirement. However, she can count periods under different visas in computing the five year period. For example, she can be your dependent for 2.5 years and then have her own Tier 2 visa for 2.5 years.

Expert:  Buachaill replied 10 months ago.

3. The answer is question 5 is covered in my previous answer. However, it does not matter what visas your wife is on for the five year continuous residence period for ILR. She can change from one to the other, but she must be continuously in the UK for the five year period.

Expert:  Buachaill replied 10 months ago.

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