Tier 2 General Dependant - Allowable absences

  • Hi all,

    My Wife was granted entry clearance visa as a Tier 2 Dependent on 27/11/2014 for first time and entered UK on 30/01/2015.
    She then left to my home country for maternity reasons on 3/09/2015 and re-entered on 19/04/2016.
    She is again leaving UK on 27/09/2017 and will re-enter on 30/01/2018.

    based on above dates, can you kindly answer my below questions?

    1. Will the period between 27/11/2014 and 30/01/2015 be counted towards 5 years lawful residence?

    2)The absence between 03/09/2015 and 19/04/2016 is more than 180 days. How is this going to affect her ILR Eligibility date? Can a medical certificate from doctor saying that she is on maternity be considered if it going to break the continuous residence?

    1. Is the total 180 days allowable absence cumulative for total 5 years period? or 180 days per each 12 months period?

    thank you very much in advance.

  • Immigration Adviser

    Hi Chinna.beetech,

    Many thanks for your enquiry to White Rose Visas.

    As long as your wife has held her Tier 2 dependant visa continuously, she will be able to count the years towards ILR. The 5- year period can begin in November 2014 even though she did not enter the UK until January 2015. This period will be counted technically as an absence.

    There is no absence rule for points based system dependants applying for ILR, in effect she has no absence limit. On the application form, your wife will need to declare her absences from the UK and reasons for these, however, the absences will not affect her application.

  • Thank you very much Holly. This is really valuable information and keeps me at peace.

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