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ILR Dependant - Two entry clearance

Posted: Sun Aug 01, 2021 2:11 pm
by Haryho
Hi

I hope an experienced member or an OP can help with my question regarding my wife's ILR application.

Timeline and Events:
May 2015: Wife was granted a T2G dependant visa and travelled to the UK - Expiry date: End of Nov 2017.

Aug 2017: Wife had to take two surgeries and her health situation was escalating.

Sept 2017: Wife had to travel back home and was admitted into a private hospital where she recovered after two months.

3 Nov 2017: I was granted my 2nd Tier 2 General visa "Job change".

End of Nov 2017: Wife submitted a new T2 G dependant application before the expiry date of the first permission "it was submitted at the last day"

December 2017: Wife was granted the new T2 G dependant visa.

Jan 2018: She travelled to the UK where she joined me.

- Ideally she'd be qualified to apply for ILR at June 2021, but the question is given that she's applied from outside the UK for the second T2 dependant visa would this mean that she broke the period for continuous residence?

Whilst reading through the Continuous Residence guidance I found the following paragraph:
Applications for permission that were made outside the UK on or after 26 November 2016 will not break the period continuous residence if:
• the applicant had permission when they left the UK and made a successful application for entry clearance before that permission expired; or
• the applicant had permission when they left the UK and made a successful application for entry clearance within 14 days of that permission expiring
Would this apply to her? Are we on the safe if we apply for her ILR now?

Thanks in advance

Re: ILR Dependant - Two entry clearance

Posted: Sun Aug 01, 2021 11:16 pm
by zimba
She applied before her visa expiry. She should face no issues

Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 5:22 pm
by Haryho
Hi all

My wife is about to apply for ILR this month on T2G 5 years route. I'm confused on how to calculate the continuous period and I was hoping you can help me with it, below are the dates of her abscence:

1st Entry to UK: 04/05/2016

17/09/2017 - 19/01/2018

16/06/2018 - 23/06/2018

24/06/2018 - 22/08/2018

If she applies this month, my understanding is that the calculation will be calculated backwords from August 21 - Sept 2020 and so on... is this correct?

Last questions: in the application do I state the date where she was issued the first visa to come to UK or her entry to the Uk date?

Thanks in advance

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 5:59 pm
by zimba
She is eligible within 28 days of completing her 5 years. That is 04/05/2021 minus 28 days.
PBS dependants do NOT have an absence limit when applying for ILR if their most recent visa was issued before 11 Jan 2018. This has been repeated many many times here

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 6:02 pm
by Haryho
Thanks Zimba, much appreciate the support.

It just I couldn't find a reference for the fact that PBS dependants do not have absence limit before 2018.

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 6:05 pm
by CR001
Haryho wrote:
Mon Aug 02, 2021 6:02 pm
Thanks Zimba, much appreciate the support.

It just I couldn't find a reference for the fact that PBS dependants do not have absence limit before 2018.
uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 6:14 pm
by Haryho
Thanks CR001, clear now.

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 6:39 pm
by Haryho
Sorry guys for the repeated questions, last one I promise:

I have already had my ILR early this year, she's still T2 G dependant, Which form to fill? Set(O) or Set(M)?

Re: Continuous Residence calc for dependants

Posted: Mon Aug 02, 2021 6:42 pm
by CR001
Set O if she has held a PBS dependent visa for 5 years