42 days short of 5yrs for dependent ILR

[Aash2021]

Could some one please help me with a query on my Wife’s and Son’s ILR app. Below is my scenario

Main Applicant (me): British passport ( after 5yrs T1 enterprise & 1yr ILR). Entered UK - Sep 2009.

Dependent 1: Wife - entered Uk October 2011 as PSW dependent . Went to India and spent more than 6 months in 2016 ( delayed due to my T1 entrep extension ) and got Entry clearance in Jan 2017, T1 dependent till 2019. I guess she lost her continued stay because of this. She got extension ( T1 dependent )again in Nov 2019 after my ILR and due to lapse in Nov 2021.

Dependent 2: born in India and came to Uk as T1 dependent in Nov 2015 ( visa till June 2016). Went to India in June 16 and came back to UK as T1 dependent in Jan 2017 ( again he lost continued stay) , got visa till 2019 and then extended till Nov 2021.

When calculated their total continued stay from 2017 is coming to 4 years 10 months and 18 days. This is short of 42 days for 5 yrs stay. Can I still apply for ILR or do I need to apply for T1 dependent for that 42 days .

I would be thankful if anyone could shed some light on my query.

Thanks in advance.

[CULLINAN]

If I understood correctly, your wife and child got Tier 1 dep initial visa in Jan 2017 and will complete 5 years in Jan 2022. They can apply for ILR when they complete 5 years minus 28 days from initial Tier 1 dep visa issue date. So they will qualify in Dec 2021?

In that case they can apply for their ILR in November 2021 (before current visa expiry date) and provide biometrics only after they actually qualify. Note you get 45 working days to provide biometrics so it should take them to qualifying date.

Technically they will apply earlier than they qualify but as long a decision is made when they actually qualify they will be protected by Section 3C and CW must calculate the relevant qualifying period by counting backward from date of decision. A decision can only be made after biometrics. So provide biometrics only after they actually qualify but note there is a 45 working days deadline after online submission.

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

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

[Aash2021]

Thanks for your advice CULLINAN.