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ILR application of dependants

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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akshaykane
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ILR eligibility of dependants

Post by akshaykane » Thu Sep 28, 2023 12:26 pm

Hi,
I hold General -2 Tier Visa (PBS Visa) and my family members are dependents on my visa.
Following is the summary:
My Visa was issued on 13th April 2019 and I entered UK on 23rd April 2019.
My Resident Permit is valid till 14th April 2024. Based on this, I will complete my qualifying period of 5 years continuous stay in UK on 22.04.2024 and based on Home Office guidance document, I can apply ILR 28 days before completing my qualifying period, so this means I can apply for ILR application after 27th March 2024.

But my family (Wife and 2 Kids ) are dependent's on my visa and their summary is as follows.
Family members ( Wife and Two Kids)- Their visa was issued on 14th May 2019 and they entered UK on 25th May 2019.
Resident Permits for all of them is valid till 14th April 2024. Their qualifying period of 5 years continuous Stay in UK will complete on 24th May 2024 and they are eligible to apply for ILR from 28th April 2024.But before 28th April 2024 resident permits for all of them are expiring. So in this case how shall i apply for ILR of all of us at same time.
Based on Continuous Residence Guidance document, 5 Years are counted backwards from the following options whichever is best suitable for the applicant:
1. Date of Application.
2. 28 days from date of application.
3. Date of decision.

In this i am thinking to apply for the ILR for all of us before our current visa expires. And we are planning to opt Standard Service for ILR application. I am doing this so that my family can complete qualifying period of 5 Years continuous residence till ILR decision is made.
I want your support on this whether my approach is right or no. Based on the guidance document Date of decision is also used to count the qualifying period.

Can anyone of you will provide your suggestions on my case which can help to file my ILR application.

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zimba
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Re: ILR eligibility of dependants

Post by zimba » Thu Sep 28, 2023 11:58 pm

Yes, it is possible to do that. Note that your ILR qualifying period has nothing to do with the date of entry. You should use the date of the first visa issue date to count the 5 years. You qualify on 16 March 2024 and your dependents qualify on 16 April 2024. You can all apply together before 14 April 2024 and book your biometrics for on or after 16 April 2024 and benefit from the date of decion. That's it

How to apply early and benefit from the date of the ILR decision ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

akshaykane
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Re: ILR eligibility of dependants

Post by akshaykane » Fri Sep 29, 2023 8:49 am

zimba wrote:
Thu Sep 28, 2023 11:58 pm
Yes, it is possible to do that. Note that your ILR qualifying period has nothing to do with the date of entry. You should use the date of the first visa issue date to count the 5 years. You qualify on 16 March 2024 and your dependents qualify on 16 April 2024. You can all apply together before 14 April 2024 and book your biometrics for on or after 16 April 2024 and benefit from the date of decion. That's it

How to apply early and benefit from the date of the ILR decision ?
Thanks a lot for your valuable feedback.

akshaykane
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Re: ILR eligibility of dependants

Post by akshaykane » Fri Sep 29, 2023 10:47 am

Hi Zimba,
Just one question confuse me lot in applying ILR for me and my family.
My family members are becoming eligible after our visa expiry date. And it says we can apply for ILR only 28 days before you are becoming eligible. So i am bit confused, my understanding is that "My family is becoming eligible on 16th April 2024 and i am becoming eligible on 16th March'2024, so in this case i can apply from 28 days before 16th of April and before our visa expires.
Thereafter if we book BRP appointment for the date after 17th April 2024 and take the benefit of decision to get qualified for the continuous residence.
If i do this, There will be not be any concern. Is my understanding Correct?

AmazonianX
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Re: ILR eligibility of dependants

Post by AmazonianX » Fri Sep 29, 2023 11:38 am

akshaykane wrote:
Fri Sep 29, 2023 10:47 am
Hi Zimba,
Just one question confuse me lot in applying ILR for me and my family.
My family members are becoming eligible after our visa expiry date. And it says we can apply for ILR only 28 days before you are becoming eligible. So i am bit confused, my understanding is that "My family is becoming eligible on 16th April 2024 and i am becoming eligible on 16th March'2024, so in this case i can apply from 28 days before 16th of April and before our visa expires.
Thereafter if we book BRP appointment for the date after 17th April 2024 and take the benefit of decision to get qualified for the continuous residence.
If i do this, There will be not be any concern. Is my understanding Correct?
That is correct.

akshaykane
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Re: ILR eligibility of dependants

Post by akshaykane » Fri Sep 29, 2023 11:53 am

Hi,
Thanks for your immediate and valuable advises.
Since my family members qualifying date is 16th April, can i apply before it?
Because i am thinking to apply before 14th April(Visa expiring date), will it not fall under category of applying ILR earlier that 28 days for family members?

Please advise.

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zimba
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Re: ILR eligibility of dependants

Post by zimba » Fri Sep 29, 2023 5:12 pm

akshaykane wrote:
Fri Sep 29, 2023 11:53 am
Hi,
Thanks for your immediate and valuable advises.
Since my family members qualifying date is 16th April, can i apply before it?
Because i am thinking to apply before 14th April(Visa expiring date), will it not fall under category of applying ILR earlier that 28 days for family members?

Please advise.
If you want to apply separately, yes. I mentioned 16 Apil because you said that you all want to apply together
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

akshaykane
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Re: ILR eligibility of dependants

Post by akshaykane » Sat Sep 30, 2023 8:38 am

Hi ,
We will be applying ILR together only.
My question is "Is it valid to apply together before family members are qualified?" Will not be refused for family members as they are applying 30 days before they become qualify?
I am in fear that if i am applying for my family members separately or after 14th April i will have to extend their current visa which i don't want to do, so i am planning to apply together before our visa expires.

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CR001
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Re: ILR eligibility of dependants

Post by CR001 » Sat Sep 30, 2023 8:53 am

zimba wrote:
Thu Sep 28, 2023 11:58 pm
Yes, it is possible to do that. Note that your ILR qualifying period has nothing to do with the date of entry. You should use the date of the first visa issue date to count the 5 years. You qualify on 16 March 2024 and your dependents qualify on 16 April 2024. You can all apply together before 14 April 2024 and book your biometrics for on or after 16 April 2024 and benefit from the date of decion. That's it

How to apply early and benefit from the date of the ILR decision ?
Please, read the advice you have already been given and click on the link that has been provided!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

akshaykane
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Joined: Thu Sep 28, 2023 12:11 pm
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ILR application of dependants

Post by akshaykane » Sun Feb 04, 2024 12:49 pm

Hi,

Can i apply for ILR along with my family members before 28 days for the family members eligibility.

I am elaborating my case below:

Self Eligibility Date for ILR application : 26th March 2024.

Family members Eligibility Date for ILR application : 16th April'2024 (Completing 5 Years of Continuous residence)

Current Tier-2 Visa Expiry Date: 14th April'2024.

So i am planning to apply the ILR of me and my family members in between 26th March'2024 (From My Eligibility Date) to 14th April'2024 (Before Current Visa Expires)

Will it be legal to apply all of us ILR at the same time?

Will this be considered ? As family members will be applying for ILR before 28 day they are becoming eligible.

All of you, please provide you valuable advise on the same .

Any Inputs are highly appreciable.

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CR001
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Re: ILR application of dependants

Post by CR001 » Sun Feb 04, 2024 2:43 pm

Topics merged!!!

You asked the same question in september and were given advice. Nothing has changed in the advice given!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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