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ILR 5 years qualifying period

Posted: Wed Sep 28, 2022 1:43 pm
by Oteem
Hi all,

What would be the earliest date my wife would be eligible to apply for ILR? Her immigration situation summary is as follows:

Her tier 2 dependent visa was approved and valid from 10/03/2020 to 05/02/2025, she couldn’t enter the UK within the visa vignette 30-days validation period because of travel restrictions due to coronavirus, she applied for visa transfer to get a new vignette once the restrictions were lifted and she entered the UK on 01/08/2020.

I applied for a skilled worker visa to update my employer from inside the UK and got my visa approved on 26/08/2022, she was outside the UK at the time and applied from there for a new dependent visa and got her visa approved, valid from 10/10/2022 till 18/09/2025.

Re: ILR 5 years qualifying period

Posted: Wed Sep 28, 2022 2:47 pm
by zimba
It is from the first visa approval date, so 10/03/2020. The inital gap between first visa approval and first entry will be counted as absence for ILR

Re: ILR 5 years qualifying period

Posted: Wed Sep 28, 2022 3:03 pm
by Oteem
Zimba wrote:
Wed Sep 28, 2022 2:47 pm
It is from the first visa approval date, so 10/03/2020. The inital gap between first visa approval and first entry will be counted as absence for ILR
Do you know if her first tier 2 visa is still valid after my switch of employer visa is approved? as there is some gap between my skilled visa approval and her second visa start date, does the 180 days rule apply here?

Re: ILR 5 years qualifying period

Posted: Wed Sep 28, 2022 5:02 pm
by zimba
Ok now I noticed that the first gap is more than 90 days. So her qualifying period starts from the second vignette issue date

Re: ILR 5 years qualifying period

Posted: Thu Sep 29, 2022 7:13 am
by Oteem
Zimba wrote:
Wed Sep 28, 2022 5:02 pm
Ok now I noticed that the first gap is more than 90 days. So her qualifying period starts from the second vignette issue date
Why is that? It’s still within the 180 days absence allowance

Re: ILR 5 years qualifying period

Posted: Thu Sep 29, 2022 1:01 pm
by zimba
I remember there was 90 days limit between the visa issue date and the first entry, now it seems it is gone from the rules. So she should be fine as long as she is within the 180 days limit