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ILR 5 years qualifying period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Oteem
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ILR 5 years qualifying period

Post by Oteem » Wed Sep 28, 2022 12:43 pm

Hi all,

What would be the earliest date my wife would be eligible to apply for ILR? Her immigration situation summary is as follows:

Her tier 2 dependent visa was approved and valid from 10/03/2020 to 05/02/2025, she couldn’t enter the UK within the visa vignette 30-days validation period because of travel restrictions due to coronavirus, she applied for visa transfer to get a new vignette once the restrictions were lifted and she entered the UK on 01/08/2020.

I applied for a skilled worker visa to update my employer from inside the UK and got my visa approved on 26/08/2022, she was outside the UK at the time and applied from there for a new dependent visa and got her visa approved, valid from 10/10/2022 till 18/09/2025.

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zimba
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Re: ILR 5 years qualifying period

Post by zimba » Wed Sep 28, 2022 1:47 pm

It is from the first visa approval date, so 10/03/2020. The inital gap between first visa approval and first entry will be counted as absence for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Oteem
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Re: ILR 5 years qualifying period

Post by Oteem » Wed Sep 28, 2022 2:03 pm

Zimba wrote:
Wed Sep 28, 2022 1:47 pm
It is from the first visa approval date, so 10/03/2020. The inital gap between first visa approval and first entry will be counted as absence for ILR
Do you know if her first tier 2 visa is still valid after my switch of employer visa is approved? as there is some gap between my skilled visa approval and her second visa start date, does the 180 days rule apply here?

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zimba
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Re: ILR 5 years qualifying period

Post by zimba » Wed Sep 28, 2022 4:02 pm

Ok now I noticed that the first gap is more than 90 days. So her qualifying period starts from the second vignette issue date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Oteem
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Re: ILR 5 years qualifying period

Post by Oteem » Thu Sep 29, 2022 6:13 am

Zimba wrote:
Wed Sep 28, 2022 4:02 pm
Ok now I noticed that the first gap is more than 90 days. So her qualifying period starts from the second vignette issue date
Why is that? It’s still within the 180 days absence allowance

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zimba
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Re: ILR 5 years qualifying period

Post by zimba » Thu Sep 29, 2022 12:01 pm

I remember there was 90 days limit between the visa issue date and the first entry, now it seems it is gone from the rules. So she should be fine as long as she is within the 180 days limit
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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