Advise on dates applying for ILR via Tier 1 depedent route

Hi All,

Got my wife`s,
Tier 1 (Dependent) first visa - valid from 08th Jan 2013 and valid until 27th Jan 2015
Tier 1 (Dependent) Visa Extension - valid from 05th Dec 2014 and valid until 05th Dec 2017.

[For the Tier 1 (Dependent) Visa Extension, my wife has taken in-person appointment. Her appointment was on the 05th December 2014. She received the extension letter on the same day, but the unusual thing that happened was that instead of extending the visa for 3 years starting from expiry of her initial visa(27th January 2015),The case worker extended visa from appointment date of (05th December 2014).]


Now my question is :
Is my wife eligible for ILR straight away or needs one more extension?
If she is eligible for ILR straight away, when and what date she can apply for ILR.
Please someone reply to my query

That's not unusual.

If she applied for entry clearance prior to 9th July 2012, then her qualifying period for SET(O) is 2 years. Else, it's 5 years.

Her qualifying period for SET(O) started from her initial entry into the UK.

She may apply for SET(O) no sooner than 28 days prior to the completion of her qualifying period and preferably before her leave expires (but no later than 28 days after expiry of leave).

There are some options, if her leave finishes sooner than she is able to apply for SET(O).

Thank you so much Vinny for your prompt reply.

Quick questions:

My wife first received her visa on
Tier 1 (Dependent) first visa - valid from 08th Jan 2013 and valid until 27th Jan 2015
But she entered the UK on 14th Mar 2013.
1.Does her ILR qualifying period start from 08th Jan 2013 or 14th Mar 2013?

2. If she is eligible for ILR straight away (without extension), when and what date she can apply for ILR by registered post shortly before leave expires?

"Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok."

Please reply to the above queries.

Thank you

1. I think:

vinny wrote:Her qualifying period for SET(O) started from her initial entry into the UK.

14 March 2013.

2. May be safest using Option 1, applying for another extension prior to expiry of leave.

Thanks again for your reply Vinny:)

As per your last answer 90 days rule doesn't apply for Tier-1 Dependent? Is there any corresponding document to clarify this?

Dependants are not mentioned.

Thanks Vinny.

Is it worthy now to write a email to BRP team or UKBA complaints team to correct the below mistake ?

[For the Tier 1 (Dependent) Visa Extension, my wife has taken in-person appointment. Her appointment was on the 05th December 2014. She received the extension letter on the same day, but the unusual thing that happened was that instead of extending the visa for 3 years starting from expiry of her initial visa(27th January 2015),The case worker extended visa from appointment date of (05th December 2014).]

As said, it's normal practice for them to do this.

Thanks a lot Vinny:)

Dear Vinny or other forum members,

Does the below NEW rule applicable to Tier-1 dependent applicant`s applying for ILR ? Please advise. thanks
Source: Page 14 of 25
https://www.gov.uk/government/uploads/s ... -v15.0.pdf
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the relevant 12 month period. The
applicant does not need to provide evidence to demonstrate the reason for delayed
entry.

No, it does not apply to PBS Dependents, it is only applicable to PBS main visa holders and it is not a 'new' rule, been in place for a while now.