Tier2 G to ILR for young children (<18)

[tugrulguclu]

Hi all
Below is our immigration history in UK.

I have been with the same employer on Tier2 General.

Tier2 Main Applicaton
Visa issued:22/02/2015
Entrance to UK : 26/02/2015
Visa Valid Until:09/03/2020
LIFE in UK:done
B1 Level English :done

My partner is Tier 2 Dependant - full time employed
Visa issues date : 22/02/2015 (same with main applicant)
Entrance to UK : 25/07/2015
Visa Valid Until:09/03/2020
LIFE in UK:done
B1 Level English :done

My son is Tier 2 Dependant.
D.O.B(outside UK):27/06/2016
Visa issues date : 17/08/2016
Entrance to UK : 21/09/2016
Visa Valid Until:09/03/2020


According to my calculation my qualifying period starts tomorrow (22/02/2020 - 28days) on 25/01/2020
I was planning to apply as a family on Set(O) but just realised my wife entered UK later than me(25/07/2015). So she did not complete her 5years yet

I was wondering if we still can apply together on Set(O) form .
If not what route I should follow for my son and wife ?

Thank you very much for your time and effort

[tugrulguclu]

Hello

Just found this https://assets.publishing.service.gov.u ... .0ext.pdf which can help my case


Absences which will not break continuity in the continuous period


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 continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation

Difference between her entry clearance and arrival in UK is 157 days which is Allowable absence since it is less than 180. Does that mean we can all apply together ?

Thank you very much

[zimba]

There is NO absence limit for PBS dependants who were granted visa before 11 Jan 2018

[tugrulguclu]

There is NO absence limit for PBS dependants who were granted visa before 11 Jan 2018

Thanks a lot Zimba for your reply.

Can I interpret your response like this ?

"For PBS dependants whose leave granted before 11th Jan 2018 their 5 years period calculation starts on the date of visa issue. Entry date to UK is not relevant"

Just as a reminder from original post
My partners visa issues date (22/02/2015 (same with main applicant)) - Entrance to UK(25/07/2015). Is she ellgible to apply with me on 25th January 2020 (today )))

I really appreciate for your time and help. Really worried about getting a refusal for her and loose the fee and time.

Regards

[CR001]

Just as a reminder from original post
My partners visa issues date (22/02/2015 (same with main applicant)) - Entrance to UK(25/07/2015). Is she ellgible to apply with me on 25th January 2020 (today )))

Again, there is NO absence limit for pbs dependents whose visas were issued before 11 January 2018. The qualifying period for ILR starts from visa ISSUE date and NOT date of entry, regardless of the entry delay for PBS dependents!!!

[tugrulguclu]

Just as a reminder from original post
My partners visa issues date (22/02/2015 (same with main applicant)) - Entrance to UK(25/07/2015). Is she ellgible to apply with me on 25th January 2020 (today )))

Again, there is NO absence limit for pbs dependents whose visas were issued before 11 January 2018. The qualifying period for ILR starts from visa ISSUE date and NOT date of entry, regardless of the entry delay for PBS dependents!!!

I cannot stress enough how helpfull you have been to me and all the other seniors. Thanks ..

[tugrulguclu]

Hi

Me and my wife hold tier2 general visa where i`m the main applicant.
My son DOB is 27/06/2016 and born outside UK. obviously he did not spent in UK 5 years.

as far as I know children under 18 can apply to ILR once both parents have the ILR and 5 years continuous residency rule is not applied to them.

we have added him to same set O form . Is this a mistake ? Or do you think we should wait for our ILR decision and then apply for him ?

Thank you very much

[CR001]

Please do not keep starting a new topic with each question.

Children can apply when parents do.

[tugrulguclu]

Sorry for too many question.

Just want to share our experience in Croydon yesterday
-Our appt. was for 5 pm. It was a standard service.
-There was not free available so we paid 110£ per person for this
-Make your application complete (qr code) printout and passport ready for security check.
-Then moved to waiting area. There is a person who gives a ticket with a number on it
-Because we had a child they allow 1 adult at a time while the other one waits with the child
-There are many kiosk where you do your own Bometrics .
-Make sure you the orientation is correct when you scan the passport page.
-i think Because we had a small children they take us to final stage of applicatoin quicker than other people
-in the final stage they take the photo of the child and scan our passports again.(We already had done it , I don`t know why it is necessary)
-They don`t even check the hard copies.
-Whole process took like 40 minutes

I was under the impression that they will take our passports but it didn`t happen which is very good so you can still travel under expiration date where I hope decision comes earlier.
Hope information is useful

Thanks