Got ILR through Tier 1 5 year route worried for my wife ILR she is on PBS dependant visa

[zakirbalti]

Hi All,
I need clarification on my wife ILR in 2022 much appreciate it if you guys help me with exact rules.
I got ILR from Tier 1 General through a 5-year route on 30-05-2019.

Please see below my wife and daughters data:

My questions:

1: 5 years' time starting from the visa issue date? she has only 3 days less to complete the exact 5 years from the visa issue date.

2: 5 years' time starting from the date of entry in the UK? she has only 35 days less to complete the exact 5 years from the date of entry in the UK.

3: If she can not eligible for ILR due to 5 years not completing so in 12-06-2022 if she applies for a spouse visa so when she can eligible to apply ILR? I heard she need to stay on a spouse visa for 5 years.

4: My wife and twins are on holidays and the duration is 97 days so is it causing any problem if she eligible for ILR in 2022 or applying for a spouse visa?

My Wife Data:
First visa issue Date: 15-06-2017
Date of Entry In UK: 16-07-2017
First visa Expiry Date: 27-11-2018
Second Visa issue Date: 12-06-2019
Second Visa Expiry Date: 12-06-2022
My Wife went back home 10-01-2020 and coming back on 15-04-2020

My Daughters Data:
I have twins babies born 15-08-2018
I have directly applied for there British Passport and got it on 23:12:2019

Best Regards
Zaki

[zimba]

Your wife remains under PBS dependant as usual until she gets ILR under PBS route
She can apply for ILR within 28 days of completing her 5 years, counting from first visa issue date
Her absences from the UK ONLY from 12-06-2019 and onwards will be counted. The limit is less than 180 days per residence year.

[zakirbalti]

Hi Zimba,
Thanks for your reply, could you please let me know the rule link which is showing that 5 years start time is starting from first visa issue date and will able to apply before 28 days of visa expiry date.

Much appreciated for your time.


Kind Regards
zaki

[zimba]

Since 2018 the visa issue date can be used for PBS dependnats: uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

You can apply for ILR within 28 days of completing your qualifying period (NOT the visa expiry, visa expiry is irrelevant) and that is not part of the rules but a concession made by HO for all ILR applications which appears on all the UKVI guides.

[zakirbalti]

Hi Zimba,
Thanks for your reply, Could you please see below link and confirm is it this rule which is showing visa issue date you can count 5 year period and count the missing days before you enter in the UK in your absence but it should not exceed 80 days in any year?

https://assets.publishing.service.gov.u ... 9.0ext.pdf

One more question Life in UK test have any expiry? My wife thinking to do a test this year.

Best Regards
Zakir

[zimba]

Hi Zimba,
Thanks for your reply, Could you please see below link and confirm is it this rule which is showing visa issue date you can count 5 year period and count the missing days before you enter in the UK in your absence but it should not exceed 80 days in any year?

https://assets.publishing.service.gov.u ... 9.0ext.pdf

The visa issue date still can be used regardless of the absences. That is because PBS dependants do NOT have any absence limit unless their visa was issued after 11 Jan 2018. If the first visa was issued before that date, then the absence limit is not relevant at all.

One more question Life in UK test have any expiry?

No

[zakirbalti]

Hi Zimba,
Thank you very much for your time and help much appreciated.

Best regards
Zakir