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5 Years prohibition period for ILR (Tier 1 Dependents)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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srivisaN
Member
Posts: 204
Joined: Fri Mar 29, 2013 11:55 pm

5 Years prohibition period for ILR (Tier 1 Dependents)

Post by srivisaN » Thu Mar 05, 2015 12:16 pm

Hi,

As we all know that Tier 1 Dependents who applied after July 2012 need to stay with her/his main applicant for 5 years in UK before they can apply for ILR. I have few doubts as below, please can anyone help with them.

1. Does this 5 years need to be continuous (without any long gaps say 1 or 2 years out of UK) on same visa say PBS Dependent
2. What if the dependent went to home country and couldn't able to return in time to UK to apply for PBS Dependent extension, can she apply for EC and it still counts in her/his 5 year period from then onwards
3. 5 Years Prohibition: Does the count begins from the date of entry into UK or the date of start date on the visa

Thanks,
Srikanth.

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 6:11 pm

Re: 5 Years prohibition period for ILR (Tier 1 Dependents)

Post by haiksuresh » Thu Mar 05, 2015 3:04 pm

srivisaN wrote:Hi,

As we all know that Tier 1 Dependents who applied after July 2012 need to stay with her/his main applicant for 5 years in UK before they can apply for ILR. I have few doubts as below, please can anyone help with them.

1. Does this 5 years need to be continuous (without any long gaps say 1 or 2 years out of UK) on same visa say PBS Dependent
Guidance says 5 years continues visa and continues stay.

2. What if the dependent went to home country and couldn't able to return in time to UK to apply for PBS Dependent extension, can she apply for EC and it still counts in her/his 5 year period from then onwards
As per my knowledge, Continues visa means there should not be any visa breaks and all need to be extended in country. But couple of guys in this forum got extended dependent visa outside UK, Before expiring their current visa this option was risky.

3. 5 Years Prohibition: Does the count begins from the date of entry into UK or the date of start date on the visa
ILR eligibility count begins from the date first arrived to UK

Thanks,
Srikanth.

srivisaN
Member
Posts: 204
Joined: Fri Mar 29, 2013 11:55 pm

Re: 5 Years prohibition period for ILR (Tier 1 Dependents)

Post by srivisaN » Thu Mar 05, 2015 7:01 pm

Hi Suresh,

Can you please send me the link to guidance document, I as per my knowledge prohibition period means 5 years but I am not able to find any specific no of days to stay out of UK (like the way we have for Tier 1 not more than 180 days in 12 months).

Also, is in't it the addition of all the periods when the dependent stayed in UK should be counted, when they haven't got any such out of stay clauses.

Thanks,
Srikanth.

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