ILR date query

[DanaF]

Apologies if this has already been answered elsewhere. I did try searching and found a few conflicting posts.

I am on a Tier 2 General visa. Original issue date of my first BRP was 19 December 2015 and we entered the country 03 January 2016.

My understanding is that I am eligible for ILR 28 days before my BRP was issued, being 21 November 2020. If I have read the forums correctly, my husband is only eligible for ILR from 28 days before he entered the country, so 06 December 2020.

Is that correct?

If so, if I apply for ILR on the 21st November, do I have to wait for a decision before my husband can apply for his ILR or can we submit his application on the 6th December? Our initial intention was to wait until December and submit together but given the pandemic and the state of the economy, I'm not sure that would be prudent if we could secure it earlier.

[CR001]

My understanding is that I am eligible for ILR 28 days before my BRP was issued, being 21 November 2020.

Correct, if that is either your Visa vignette start date or your BRP you collected once in the UK start date.

If I have read the forums correctly, my husband is only eligible for ILR from 28 days before he entered the country, so 06 December 2020.

Is that correct?

No, not correct. PBS Dependents qualifying period also starts from date of visa issue and NOT from date of entry. Unsure what posts you are reading, but there are different rules for different spouse visa categories. The rules for PBS dependents also changed in January 2018.

If so, if I apply for ILR on the 21st November, do I have to wait for a decision before my husband can apply for his ILR or can we submit his application on the 6th December?

You can apply together if you both got visas starting from the same date.

[DanaF]

Thank you so much for the prompt response.

I think I was getting confused by the reference to spouse visas.

Thanks again and I hope you have a lovely day further!

[DanaF]

Apologies for the follow up question, as I wasn't sure what the visa vignette was but looked it up.

Visa vignette issue date 02/01/2016
BRP: Place and date of issue 19/12/2015

I have based the 21 November 2020 on the BRP issue date. I'm assuming that is the correct one to use when working backwards?

[CR001]

I have based the 21 November 2020 on the BRP issue date. I'm assuming that is the correct one to use when working backwards?

What exactly do you mean by 'BRP issue' date?? Do you mean your biometric appointment for the initial visa or your Biometric Residence Permit (card) you collected once you arrived in the UK?

[DanaF]

Sorry, 19 December 2015 is the date of issue shown on the BRP card that I collected once I had entered the UK.

[CR001]

Sorry, 19 December 2015 is the date of issue shown on the BRP card that I collected once I had entered the UK.

Then you can apply no sooner than within 28 days before this date.

[DanaF]

Thanks again! Really appreciate you taking the time to talk me through it.

[CR001]

You're welcome. Feel free to ask any further questions you have in this topic.