Tier 2 dependent 180 days enquiry

[Yang126]

Good morning,
After holding the Tier 2 visa for 5 years, I am going to apply for the ILR in September 2024.
Currently, my husband, and two children are dependent on my visa, and they would like to apply for “indefinite leave to remain” together with me.
my husband, he has spent more than 180 days outside of UK every year. however, when checking on the GOV.UK website, it seems that for a dependent of tier 2 visa, there is no such kind requirement that the applicant should not spent more than 180 days outside of UK. Please see the words copied from the government website in the last.

For visa type like “skilled worker”, it is required, however for tier 2 it does not. I am wondering if Tier 2 visa is categorized under the ‘any other visa’ or skilled worker visa. Any suggestions ?
My another concern is that if we apply the ILR together, and my husband or children do not meet the requirement, will my application be affected?
Thank you for your help in advance.
Yang

You must have spent no more than 180 days outside the UK in any 12 month period, if you’re applying as a dependant on your partner’s:
Skilled Worker visa Scale-up Worker visa Sportsperson visa Minister of Religion visa Tier 1 visa
Tier 5 visa
Global Talent visa
If you were given permission to enter or stay in the UK before 11 January 2018, any time you spent outside the UK while you had this permission will not count towards the 180 day period if you’re applying as a dependant on your partner’s:
Skilled Worker visa
T2 Minister of Religion or Tier 2 (Minister of Religion) Tier 1 visa
Global Talent visa
Start-up visa
Innovator Founder visa
https://www.gov.uk/indefinite-leave-to- ... mily/print Page 12 of 34
Print Indefinite leave to remain if you have family in the UK: Overview - GOV.UK 2024/4/29, 20:32
Example
You first had permission to enter the UK from 1 June 2017 to 31 May 2020. You were then granted an extension from 10 November 2019 to 31 May 2022. Any absences you took before 10 November 2019 will not count towards the 180 day period.
If you think you’re affected by this rule, find out how to calculate your time in the UK (/government/publications/indefinite-leave-to-remain- calculating-continuous-period-in-uk) (‘continuous residence’).
If you’re applying on any other visa, it does not matter how many days you’ve spent outside the UK. You must not be on a visitor visa or a short-term study visa.

[CR001]

Your husband absolutely has an absence limit of 180 days in ANY rolling 12 month period.

Not sure which link you are reading it does not apply to him.

If he has that much absence, he won't qualify for ILR and neither will your children.

[Yang126]

Thank you for your reply. My children are with my all the time so they are not absence more than 180 days in any rolling 12 month period. Do you have an idea when they can apply for ILR? (If my husband are not qualified in the future). Thank you

Your husband absolutely has an absence limit of 180 days in ANY rolling 12 month period.

Not sure which link you are reading it does not apply to him.

If he has that much absence, he won't qualify for ILR and neither will your children.

[CR001]

Your children will qualify for ILR when your husband does.

[CR001]

Hi, I am going to apply for ILR soon, and my husband is absence from UK more than 180 days every year. What about my children? They were both born in UK. Can they apply for ILR when they are 7 year old? or 10 year old? thank you

Do not tag onto other members topics please.

As your children are UK born, once you get ilr, you can register them as British on form MN1. They do not need ilr.

[Yang126]

Thank you for your answer. My husband won't be qualified since he won't be UK for more than 180 day in continuous 5 years. Does that mean they will be Tier 2 dependents for ever?
thank you

Your children will qualify for ILR when your husband does.

[Yang126]

sorry for this. I will start a new topic in ILR part for my children. I don't want to register them as British

Hi, I am going to apply for ILR soon, and my husband is absence from UK more than 180 days every year. What about my children? They were both born in UK. Can they apply for ILR when they are 7 year old? or 10 year old? thank you

Do not tag onto other members topics please.

As your children are UK born, once you get ilr, you can register them as British on form MN1. They do not need ilr.