Details of Absence of PBS Dependants in SET(O)

[Bobbyg]

Dear All

I have seen previous posts on the number of days before the 5 year qualifying period when the ILR can be submitted but remain unclear on the earliest eligible date for ILR.

Say my the 5 year qualifying period (I am in a Tier 2 General Visa) ends on October 31, 2020. The rule says:

"Applications can submit a settlement application upto 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
- the date of the application
- the date of the decision
- any date upto 28 days after the date of the application"

On the face of it one should "submit" the online application (Form SET O) 28 days before 31st October i.e. on 3rd October, 2020. However, there is a second step of seeking an appointment with UKVCAS and completing the biometric and other steps only after which the application is "completed" and sent onwards to UKVI for their decision. THis appointment date may well be 2-3 weeks after submission of the online application, depending upon availability.

Questions:

1) Isn't the earliest eligible date not the date of online submission but the date of appointment with UKVCAS. The logic being the application is "completed" only when UKVCAS confirms all the biometric and supporting documentation details.
2) Wouldn't this mean that the online application can be "submitted" well before 3rd October but the UKVCAS appointment must be after 3rd of October.
3) Finally, if 1) and 2) were not correct interpretations, the entire regulation in quotes mentioned above, i.e. the method of counting backward from whichever is most beneficial to the application, gets irrelevant and unnecessary. There must be some objective of this regulation.

So my main question is can the online application be "submitted" before 3rd October (say 15th September) but the appointment sought only on or after 3rd October and still the ILR application would be valid. This can help save precious time. Many thanks in advance for an expert opinion.

[Bobbyg]

Dear All

I have a Tier (2) General Visa. What is the start of my 5 year qualifying period for ILR:

- My BRP issue date was 01/06/2016
- My UKVI letter is dated 09/06/2016 says I have permission to enter as Tier(2) General Migrant from 24/06/2016

So my BRP date is 24 days before. Will my qualifying period end on 30/5/2021 or on 23/06/2021?

Many thanks for your expert advice.

[Bobbyg]

I hold a Tier 2 (General) Visa with 2 PBS dependants. The 5 qualifying period for my PBS dependant spouse ends 2 weeks after my qualifying period.

Question: Can I apply for ILR (together with PBS dependant) in the same application 28 days before my qualifying period ends or do I have to wait for 2 more weeks for a joint application?

Your kind help is highly appreciated.

Regards

[CR001]

1) Isn't the earliest eligible date not the date of online submission but the date of appointment with UKVCAS. The logic being the application is "completed" only when UKVCAS confirms all the biometric and supporting documentation details.

You can apply no sooner than within 28 days before the 5th anniversary of the date your initial visa was issued. Date of application is the date you submit and pay online and NOT the biometric appointment date.

2) Wouldn't this mean that the online application can be "submitted" well before 3rd October but the UKVCAS appointment must be after 3rd of October.

You should ideally apply when you qualify.

3) Finally, if 1) and 2) were not correct interpretations, the entire regulation in quotes mentioned above, i.e. the method of counting backward from whichever is most beneficial to the application, gets irrelevant and unnecessary. There must be some objective of this regulation.

What you have quoted is for UKVI caseworkers to consider, at their discretion, which is most suitable. It is NOT a regulation, it is ONLY a 'guide'.

- My BRP issue date was 01/06/2016
- My UKVI letter is dated 09/06/2016 says I have permission to enter as Tier(2) General Migrant from 24/06/2016

So my BRP date is 24 days before. Will my qualifying period end on 30/5/2021 or on 23/06/2021?

You can apply no sooner than within 28 days before 1st June 2021, i.e. apply online, submit and pay. Date of biometric appointment is irrelevant to this.

I hold a Tier 2 (General) Visa with 2 PBS dependants. The 5 qualifying period for my PBS dependant spouse ends 2 weeks after my qualifying period.

Question: Can I apply for ILR (together with PBS dependant) in the same application 28 days before my qualifying period ends or do I have to wait for 2 more weeks for a joint application?

If their visa start date is different, then all wait and apply on the 5th anniversary of dependents visa start date to apply together, which is usually easier than separate applications. The same rule applies to dependents, they can apply no sooner than within 28 days before the 5th anniversary of their initial visa issue date.

[Bobbyg]

Dear CR001

Thank you so much for your prompt responses:

All responses understood but allow me to ask on question 4) again. So you are saying that if my BRP issue date is 01/06/2016 and UKVI letter gives permission to enter from 24/6/2016, the latter can be disregarded and I can consider 31/05/2021 as end of my qualifying period and apply 28 days before 01/06/2016 for ILR? If that is indeed the case, what is the purpose of the UKVI letter entry clearance from 24/6/2016?

Sorry for asking again but want to be doubly sure.

Thanks

[CR001]

Yes.

Not many get a visa vignette or letter after the actual brp date. It is not an issue at all. You use the brp date in this case. Normally it is the visa vignetted issue date.

[Bobbyg]

Yes.

Not many get a visa vignette or letter after the actual brp date. It is not an issue at all. You use the brp date in this case. Normally it is the visa vignetted issue date.

Thank you so much, CR001.

[Bobbyg]

Yes.

Not many get a visa vignette or letter after the actual brp date. It is not an issue at all. You use the brp date in this case. Normally it is the visa vignetted issue date.

Thank you so much, CR001.

Dear CR001

I am really sorry but I have to trouble you again. I read my UKVI letter again issued at the time of visa issuance in 2016. As I mentioned it states that I have permission to enter from 24/06/2016. It also mentions that I can collect my BRP from 01/07/2016 onwards. Now, when I actually collected the BRP, it had an issue date of 01/06/2016. Do you still feel that the 28 day countdown should look at 01/06/2016 (BRP issue date) and not 24/06/2016 (UKVI permission to enter date)? Sorry for multiple clarifications but you can see my dilemma. Many thanks for your kind patience.

[CR001]

Brp date!!

[Bobbyg]

Brp date!!

ok, thanks so much! You can't be clearer.

Kind regards

[Bobbyg]

Yes.

Not many get a visa vignette or letter after the actual brp date. It is not an issue at all. You use the brp date in this case. Normally it is the visa vignetted issue date.

Dear CR001 and Friends

Apologies for repeating my question but I reviewed all my documents (again) and also consulted my company's immigration advisor on the subject of determining the start date for the qualifying period for ILR purposes.

Relevant dates/documents:

- UKVI Decision letter date for my Tier 2 Gen Migrant Visa: 09/06/2016
- This UVKI Decision letter states that I have permission to enter as Tier 2 Gen Migrant from 24/06/2016 (Note: the Certificate of Sponsorship document date is 02/06/2016 and work start date is 01/07/2016)
- The Entry Clearance 30 day Visa sticker on my passport says valid from 24/06/2016 (same as what is mentioned on UKVI Decision letter)
- BRP issue date: 10/06/2016 (which I physically collected after my arrival in the UK in early July. It could not have been collected earlier)

The Home Office guide on "calculating continuous leave" (page 8 of 19 Version 19.0) suggests that "the period between the issue of entry clearance and entering the UK may be counted towards the qualifying period"

The start of the qualifying period therefore depends on the date of the relevant document which establishes the date of "issue of entry clearance". Which of these 4 dates are relevant to determine the start of the qualifying period for ILR purposes ?

- UKVI Decision letter date : 09/06/2016
- UKVI Decision letter "valid from": 24/06/2016
- BRP issue date: 10/06/2016
- Entry Clearance 30 day visa sticker "valid from" date: 24/06/2016 (consistent with what is stated in the UKVI Decision letter)

My company's immigration advisor suggests 24/06/2016 is the relevant date. I think the answer rests on determining what is meant by issue of entry clearance - is it "issue date" or "valid from" date. But I could be wrong, being new to this subject.

Thanks for the patience in reviewing my question again and request a guidance.

The Immigration advisor of my company suggests it is 24/06/2016.

[vinny]

When will your leave expire?

[Bobbyg]

When will your leave expire?

My (second) leave expires in 2022, i.e. sufficiently beyond the 5 year qualified period. However, I am unsure on why that is relevant.

Look forward to help and guidance on my query.

Regards

[vinny]

If you have sufficient leave, then apply shorty after you have completed the required qualifying period for ILR in the UK. This stops any concerns about too early applications. Why worry about it when you don’t have to?

[Bobbyg]

If you have sufficient leave, then apply shorty after you have completed the required qualifying period for ILR in the UK. This stops any concerns about too early applications. Why worry about it when you don’t have to?

Hi Vinny. Thanks for your response. Each of our individual circumstances differ and for me what is important is to apply as soon as I am eligible. Greatful if you could advise - if you are in a position to - on the earliest date amongst the options I have given. Many thanks for your time.

Kind regards

[vinny]

On the face of it one should "submit" the online application (Form SET O) 28 days before 31st October i.e. on 3rd October, 2020. However, there is a second step of seeking an appointment with UKVCAS and completing the biometric and other steps only after which the application is "completed" and sent onwards to UKVI for their decision. THis appointment date may well be 2-3 weeks after submission of the online application, depending upon availability.

Questions:

1) Isn't the earliest eligible date not the date of online submission but the date of appointment with UKVCAS. The logic being the application is "completed" only when UKVCAS confirms all the biometric and supporting documentation details.
2) Wouldn't this mean that the online application can be "submitted" well before 3rd October but the UKVCAS appointment must be after 3rd of October.
3) Finally, if 1) and 2) were not correct interpretations, the entire regulation in quotes mentioned above, i.e. the method of counting backward from whichever is most beneficial to the application, gets irrelevant and unnecessary. There must be some objective of this regulation.

So my main question is can the online application be "submitted" before 3rd October (say 15th September) but the appointment sought only on or after 3rd October and still the ILR application would be valid. This can help save precious time. Many thanks in advance for an expert opinion.

The date of application is specified under 34G and caseworkers should abide by that.

[Bobbyg]

On the face of it one should "submit" the online application (Form SET O) 28 days before 31st October i.e. on 3rd October, 2020. However, there is a second step of seeking an appointment with UKVCAS and completing the biometric and other steps only after which the application is "completed" and sent onwards to UKVI for their decision. THis appointment date may well be 2-3 weeks after submission of the online application, depending upon availability.

Questions:

1) Isn't the earliest eligible date not the date of online submission but the date of appointment with UKVCAS. The logic being the application is "completed" only when UKVCAS confirms all the biometric and supporting documentation details.
2) Wouldn't this mean that the online application can be "submitted" well before 3rd October but the UKVCAS appointment must be after 3rd of October.
3) Finally, if 1) and 2) were not correct interpretations, the entire regulation in quotes mentioned above, i.e. the method of counting backward from whichever is most beneficial to the application, gets irrelevant and unnecessary. There must be some objective of this regulation.

So my main question is can the online application be "submitted" before 3rd October (say 15th September) but the appointment sought only on or after 3rd October and still the ILR application would be valid. This can help save precious time. Many thanks in advance for an expert opinion.

The date of application is specified under 34G and caseworkers should abide by that.

Dear Vinny

Thanks for highlighting Rule 34G which states that "For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is...(3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted". This makes it clear that the date of application is the date of online submission only and a later date cannot be considered as an application date (e.g. a UKVCAS appointment date which will always come after the online submission date).

However, the guidance on Continuous Leave also states that the caseworker "must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
- the date of the application
- the date of the decision
- any date upto 28 days after the date of the application"

This means that in the event you make an online submission before the 28 days and the process of UKVCAS appointment or the processing time in UKVI takes longer than expected, such that on the date of the decision you have completed the qualifying period, then then CW is obliged to grant you the leave.

However, it is risky to make an application before 28 days because if the file reach the CW for a decision at a date you have still not completed the 5 year qualifying period, s/he may reject your application. It may not be worth taking the hassle of resubmission, loss of time and money.

The conclusion is to submit on or after 28 days before the end of your qualifying period. I give a more detailed explanation for the benefit of all.

Thanks Vinny for providing the specific observation on Rule 34G.

[Bobbyg]

Hi

I am due to apply for ILR early next year together with 2 PBS dependants. The original leave (for all) was valid from July 2016 - July 2019 and has been renewed as 'Leave to Remain' until well after 2022. SET(O) requires details of absence (departure/arrival) from the UK to be mentioned.

Do the absence details for PBS details have to:

(a) Include absences only from 11/1/2018 until ILR application (the date when continuous leave calculation changed)
(b) Include absences only July 2019 (i.e. date of second leave) until ILR application date
(c) Include absences from July 2016 (i.e. date from commencement of qualifying period)

My understanding is for the main application, all absences from July 2016 have to be included.

Thanks

[Rambo_ILR]

For main applicant list all holidays.

For PBS dependent - Absences are only accounted for visa granted after 11 Jan 2018