Tier 2 dependent to ILR SET(O) applied too early?

[krishnarythmos]

Hi All,
Firstly, thank you for maintaining the forum, it provides valuable information for people like me looking for information which paved my way to ILR and Citizenship in the UK. I currently have a query related to my spouse (and daughter's) application for ILR.

My Spouse initial entry to the UK was 22-Oct-2015 but we she went back to India for our daughter's birth from 09-Jun-2016 and back on 01-May-2017 (so entry time reset based on 180 days). My wife and daughter have a Tier 2 dependent BRP valid till 8-May-2022. So taking the eligibility period as starting 01-May-2017, their eligibility would be achieved by 02-Apr-2022. But I have submitted the application (priority application) on the 11-Mar-2022 with the appointment date being 03-Apr-2022.

I guidance on the SET(O) mentions that the 28 days before can be calculated based on

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

so as the date of decision will be after the eligibility is achieved, am I safe to proceed? I am asking the question as there is other guidance (mostly from solicitor websites) mentioning that I should only be applying after eligibility which is confusing. Can someone confirm if there are instances of people getting their ILR by applying with similar timelines as mine? (applying early, but appointment after eligibility is achieved)

[CR001]

so entry time reset based on 180 days)

No it didn't. There is no 180 days absence limit for dependent visas issued before 11 January 2018.

They could have applied for ilr in October 2020.

[krishnarythmos]

Thanks for the reply, so the entry reset is not applicable for my spouse alone correct? As my daughter's first entry is on 01-May-2017, she will still achieve eligibility only by 02-Apr-2022?

[CR001]

Thanks for the reply, so the entry reset is not applicable for my spouse alone correct?

It applies to all your dependents.

As my daughter's first entry is on 01-May-2017, she will still achieve eligibility only by 02-Apr-2022?

There is no minimum residence period for children. They simply qualify for ilr when the parents do.

[krishnarythmos]

Many thanks for the reply. Definitely puts my mind at ease, the only point is that in the application itself I did mention that the start of period for eligibility as 01 May 2017 due to my lack of understanding, but if I submit evidence that they my wife was in the UK from 22-Oct-2015, will that be considered so that there is no issue w.r.t eligibility?