Dear Experts
I would be very thankful to you if you guide me according to my case as discussed below:
I came to UK in September 2011 on Tier 2 General visa. My job ended on 31st January 2012. I didn't able to get new COS for the new job during that time. Therefore, I left UK in February 2012 while my visa was valid. My Tier 2 visa expired on 2nd of March 2012. I got the COS for another job in the UK while I was outside the country in Pakistan. I applied for another application for Tier2 visa on 26th March 2012, means after 24 days of visa expiry of my first Tier 2 (and the reference number for that application is in my possession at present). I got new entry clearance on 3rd April 2012. I came to UK on 8th May 2012.
In total I spent three months outside the UK. During that period my first visa was expired, I applied for second visa with in 28 days and got the second entry clearance. I came to UK again in May 2012. Since that time I am in continuous residence.
Last year in August 2015, while extending my leave to remain in the UK, my current employer granted me COS for three years. However, I was granted leave until September 2017 just for two years. When I called home office about that, I was told that my previous time on the entry clearance started from September 2011 was counted and hence until September 2017 it became six years ( as nobody can be granted Tier 2 more than six years). Therefore I was granted the further leave for 2 years rather than 3 years.
Further to that, I went to the website of UKVI and found that:
If the applicant’s leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant’s continuous period is not broken. In this circumstance, if they successfully get a new grant of entry clearance, the period spent outside of the UK will count towards the 180 days allowable absence. This includes any time:
after the expiry of their leave
while the entry clearance application is under consideration
where they are delayed entering the UK once entry clearance has been granted
Page 28 of 32 ILR – calculating continuous period in the UK – v13.0 Published for Home Office staff on 25 April 2016
It means that visa officer didn't counted my leave from second tier 2 entry clearance. Instead, I was granted the whole period of six years of Tier 2 which was counted from September 2011 since my first entry clearance until September 2017.
Based on the above discussion, please can you guide me am I eligible to apply for ILR now?
Second thing is about my wife and son, who are on dependant Tier2 General visa.
They were granted entry clearance on 3rd April 2012 (means before 9th July 2012). However they came and joined me in the UK on 6th September 2012. Why I am asking this as because according to the immigration rules, those dependants who were granted entry clearance before July 2012 are required to complete 2 years of continuous residence in the UK. However, those who were granted entry clearance after 9th July 2012 are required to complete 5 years of continuous residence in the UK.
Please guide me when my dependants are going to qualify for ILR? Do they need to complete 2 years or 5 years period. Can I include them in my ILR application if I have become eligible now? If they are not eligible now:
Will their continuous period of residence be counted for 5 years instead from the date of entry clearance stamp on passport (3rd April 2012 - 3rd April 2017), or when they entered in UK (6th September 2012 - 6 September 2017)?
If my dependants will become eligible later, can they continue on the same dependant visa until they will qualify for ILR. My dependants have got current leave as Tier 2 Dependant until September 2017 (one year still in possession), and if they required to complete 5 years of continuous period, that current visa will be sufficient until that time.
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