Husband ILR and early ILR application for wife?

[michaelkane]

Hi,

Researching through quite a few forum posts apologies but couldn't resist posting here when my ILR is due in the next 15 days, appreciate if someone can provide guidance on below queries. In advance appreciate your time and support answering them.

Family received Tier-2 General visa on 24th February 2015,including myself, my wife and daughter. Wife and daughter both received Tier-2 General (PBS Dependent) Visa on this date.

Myself (husband) entered UK on 14th March 2015 and ILR is due on 17 February 2020, nearly all documentation is complete including payslips, bank statements, etc.

For Wife, she entered UK on 24th June 2015 and has controlled her stay outside keeping under 90 days every 12 months. Sometime around December 2015 traveled for 50 days, and wondering if the absences in the first year not utilised can be used to apply earlier for the family?

Questions:
1. If allowed traveling is 180 days when she landed on 24 June 2015, and traveled for 50 days in the first 12 months. Is she allowed to apply for ILR, reducing approximately 130 remaining days from her eligibility date of 24 June 2020, landing possible ILR application date to 16th February 2020?

2. She is still required to give English proficiency test, if she takes GESE Grade 5 B1 test today, is this certificate use-able for both ILR and Naturalisation process next year? or will be required to also take B2 for any process?

Thank you for your time and comments!

[CR001]

Family received Tier-2 General visa on 24th February 2015,including myself, my wife and daughter. Wife and daughter both received Tier-2 General (PBS Dependent) Visa on this date.

The qualifying period for ILR starts counting from the initial visa ISSUE date for all of you. It is NOT the date of entry.

Myself (husband) entered UK on 14th March 2015 and ILR is due on 17 February 2020, nearly all documentation is complete including payslips, bank statements, etc.

You only need 1 months payslip and corresponding 1 months bank statement, LIUK, English B1, 2 years evidence of cohabitation in both your names to prove subsisting relationship.

For Wife, she entered UK on 24th June 2015 and has controlled her stay outside keeping under 90 days every 12 months. Sometime around December 2015 traveled for 50 days, and wondering if the absences in the first year not utilised can be used to apply earlier for the family?

There is NO such '90 days every 12 month' rule. Where do you get this from?

1. If allowed traveling is 180 days when she landed on 24 June 2015, and traveled for 50 days in the first 12 months. Is she allowed to apply for ILR, reducing approximately 130 remaining days from her eligibility date of 24 June 2020, landing possible ILR application date to 16th February 2020?

There is NO absence limit for tier 2 dependents whose visas were issued BEFORE 11th January 2018.

2. She is still required to give English proficiency test, if she takes GESE Grade 5 B1 test today, is this certificate use-able for both ILR and Naturalisation process next year? or will be required to also take B2 for any process?

Yes, B1 is required for both plus LIUK.

[michaelkane]

Thanks, your responses are very helpful in understanding requirements. Can I please ask for a quick few more clarifications?

The qualifying period for ILR starts counting from the initial visa ISSUE date for all of you. It is NOT the date of entry.

- Thanks, does this mean I can apply 28 days earlier from Visa issue date reducing time to 29 January 2020?

There is NO absence limit for tier 2 dependents whose visas were issued BEFORE 11th January 2018.

- Does this mean she can apply for ILR 28 days before visa issue date (24th Jan 2015) and not impacted because she entered in June? or required to apply post visa issue date?

If I can apply earlier for my wife, do I need to provide a letter or anything to cover for her?

Thank you again.

Kind Regards,

- MK

[CR001]

The qualifying period for ILR starts counting from the initial visa ISSUE date for all of you. It is NOT the date of entry.

- Thanks, does this mean I can apply 28 days earlier from Visa issue date reducing time to 29 January 2020?

Yes, see time and date link below, comes out to 27th Jan 2020.

https://www.timeanddate.com/date/datead ... ad=28&rec=

There is NO absence limit for tier 2 dependents whose visas were issued BEFORE 11th January 2018.

- Does this mean she can apply for ILR 28 days before visa issue date (24th Jan 2015) and not impacted because she entered in June? or required to apply post visa issue date?

Yes, counts from date of ISSUE for dependents too.

If I can apply earlier for my wife, do I need to provide a letter or anything to cover for her?

No. HO know the rules.

[michaelkane]

Thank you for the timely excellent advice! My ILR application is approved today and will be applying for the family in the next 10 days. Currently working on gathering maximum co-hab documentation to support their case.

Can I please confirm if I need to sign up a new account with Home Office and prepare for my wife or use my existing application and add them as Dependents?

Thank you.

[CR001]

It is a new application for them.