ILR for Tier 2 Dependent Visa

[ptaya]

Hi,

I am applying for ILR as a dependent, my husband already has ILR. I am currently on Tier 2 dependent visa. I had entered the UK in Dec 2015 but had to travel during most of 2016 and happened to exceed the 180 days limit for the year (Dec 2015-Dec 2016) and was away for 187 days during that time.

Since then I have been in the UK and after calculating backwards 5 years from Feb 2021 (to Feb 2016) I have continuous residency in the UK without any long gaps and none exceeding the 180 days clause. I am in the process of filling out my application form and have a few questions, if anyone can help me out please?

1. My qualifying period will be 5 years back from the date of the application which Feb 2021 onwards I do have without any long absences. There is information online which states an application can be rejected if there is a long absence of above 180 days. Am I right to understand that is only if that absence is during the qualifying period or is it anytime since the first arrival in UK (which has been 5 years 3 months for me now)?

2. When did you first enter the UK? (Required) This is the date you entered the UK when the period of stay you are basing this application on started.
For this question on the application form, do I state the date in Feb 2016 when I wish the qualifying period to start from, or is it the first time I entered the UK in Dec 2015?

3. Do I answer the rest of the application based on the qualifying period or since my first arrival in UK? For example, when asked about leaves, do I only mention the ones from Feb 2016 onwards?

Thank you so much for your help!

[CR001]

1. There is NO absence limit for those who have obs dependent visas issued before 11 January 2018. You could have applied for ilr late last year already.

2. This is December 2015, the date you entered the UK initially.

3. Absence is ONLY relevant and has to be mentioned if a PBS dependent visa was issued on or after 11 January 2018, entry clearance or extension.

[ptaya]

Thank you so much for your reply! This clarifies a lot of things.