Tier 2 dependant more than 180 days absence before Jan 2018

[blitzz]

My spouse is currently on Tier 2 Dependent Visa, she will be eligible for ILR soon. I want to know the earliest we could apply ILR - i.e when does the '28 days before' rule apply?
Timeline explained below:
1st Tier 2 dependent online application submitted on - 18/4/16
1st Tier 2 dependent Visa appointment - 22/2/16
BRP and entry clearence visa valid from - 11/4/16
1st arrival in UK - 20/4/16
Current BRP valid until - 19/4/21

Thanks in advance.

[CULLINAN]

She can apply for ILR earliest from 11/4/2021 minus 28 days up to before the current visa expiry date.

[blitzz]

Thanks a lot Cullinan,

The calculation shows 14 March 2021 onwards, this means I can submit online ILR application and also book for Biometric anytime after 14 March 2021 ?

[CULLINAN]

Thanks a lot Cullinan,

The calculation shows 14 March 2021 onwards, this means I can submit online ILR application and also book for Biometric anytime after 14 March 2021 ?

If the calculation is correct as per stated above, then yes.

[blitzz]

Thanks Cullinan

[blitzz]

Hi Cullinan,

I found some more information relavant to the same post from document '' Indefinite leave to remain: calculating continuous period in UK". I thought i get it clarified here.

https://assets.publishing.service.gov.u ... 2.0ext.pdf

(Page 10)

"" Calculating the specified continuous period
Applicants can submit a settlement application up to 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 application
• the date of decision
• any date up to 28 days after the date of application ""

According to this my wife is eligible to apply 28days before application date (22/2/16) ?

Quick recap on timelines :
Timeline explained below:
1st Tier 2 dependent online application submitted on - 18/2/16
1st Tier 2 dependent Visa appointment - 22/2/16
BRP and entry clearence visa valid from - 11/4/16
1st arrival in UK - 20/4/16
Current BRP valid until - 19/4/21

Thanks advance for suggestions.

[CR001]

Hi Cullinan,

I found some more information relavant to the same post from document '' Indefinite leave to remain: calculating continuous period in UK". I thought i get it clarified here.

https://assets.publishing.service.gov.u ... 2.0ext.pdf

(Page 10)

"" Calculating the specified continuous period
Applicants can submit a settlement application up to 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 application
• the date of decision
• any date up to 28 days after the date of application ""

According to this my wife is eligible to apply 28days before application date (22/2/16) ?

Thanks advance for suggestions.

The date of application in the highlighted piece refers to the ILR date of application and NOT the initial visa application date.

[blitzz]

Thanks CR001 for clarifying, still a bit confused though!
So based on the timeline what is the earliest my wife can apply for ILR application Tier 2 dependent ?

sorry its answered by Cullinan before ""ILR earliest from 11/4/2021 minus 28 days"" to double check if the content shared earlier will have any impact on ILR date of application.

Timeline explained below:
1st Tier 2 dependent online application submitted on - 18/2/16
1st Tier 2 dependent Visa appointment - 22/2/16
BRP and entry clearence visa valid from - 11/4/16
1st arrival in UK - 20/4/16
Current BRP valid until - 19/4/21

[CR001]

The advice CULLINAN has given you correct. Unclear why you think it is not or there is some other loophole perhaps that allows an earlier application. There is not.

Date of initial visa granted is the relevant date. All the other dates you state are completely irrelevant.

[blitzz]

Thanks CR001 going by your advice.

haha, more i read i end up with these doubts! but the help from the forum and moderators like youself have been very helpul.

[blitzz]

Hi,

My wife got her first Tier 2 dependent visa on 11/4/16 and entered UK on 20/4/16.

She was absent for more than 180 days between dec 16 to june 17, will this absence affect her 5 year continouse residence for ILR application ? or is she eligible as the absence for PBS dependent only came into effect since Jan 2018 ?

Thanks in advance gurus.

[vinny]

Looks okay.

[blitzz]

Thanks Vinny