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ILR for dependant

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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ep90
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ILR for dependant

Post by ep90 » Tue Aug 20, 2019 10:27 pm

Hi all, sorry if this is in the wrong place but I too have an ILR dependent query. So I got my ILR earlier this year. My wife is on a dependent visa valid until end of Sept 2019. Planning on applying for ILR shortly (using 28 days prior eligibility rule)

Please note her first Tier 2 Dependent visa was issued on 16/10/2014, however she did not travel to the UK until 28/01/2015. Will this have any impact on the eligibility period? This was more than 90 days since the date of issue. She meets everything else but I am not sure if they will take the eligibility from the date of issue in Oct 2014 or from when she arrived here.

I think she should be eligible around 18/09/2019 if we use the 28 day rule but like you all I am worried and confused about it really.

Thank you in advance for your valuable guidance and much appreciated efforts.

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zimba
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Re: ILR for dependant

Post by zimba » Tue Aug 20, 2019 11:45 pm

PBS dependants have no absence limit if their visa was issued before 11 Jan 2018
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ep90
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Re: ILR for dependant

Post by ep90 » Wed Aug 21, 2019 5:51 pm

Zimba wrote:
Tue Aug 20, 2019 11:45 pm
PBS dependants have no absence limit if their visa was issued before 11 Jan 2018
That is good news, thanks for your helpful advice. So do you think she should be able to apply for ILR anytime from around 18/09/2019? I am keen to do so but just need reassurance. Many many thanks

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Re: ILR for dependant

Post by zimba » Wed Aug 21, 2019 7:51 pm

Yes
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ep90
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Re: ILR for dependant

Post by ep90 » Fri Sep 06, 2019 12:29 pm

Hi all, apologies for another question but based on my earlier query: the eligibility period would begin from 18/09/19 but I am worried local visa appointments will fill up quickly.

We are keen to submit online ASAP with a view to booking the actual Biometrics appointment on/around 18/09/19. However, I am not sure as to whether they take the “date of application” as the date we submit the online application (ie too early if we do it now) or will the date of application be the date we do the Biometrics? Effectively their partner company will submit all the information to them at that point so am wondering if this will be the “date of application”.

This means I can submit online anytime as long as the Biometrics appointment is after the eligibility date... we have everything ready, it is just a case of waiting now. Not sure if I should wait to submit on gov.uk until the actual eligibility date. What do you all think? Thanks in advance!

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CR001
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Re: ILR for dependant

Post by CR001 » Fri Sep 06, 2019 12:30 pm

Date of application is the date you submit an pay online. So do not apply if you are not within the 28 day grace period.

Supporting documents must be dated on or before the date you submit online.

Date of appointment is irrelevant.
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ep90
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Re: ILR for dependant

Post by ep90 » Sun Sep 08, 2019 7:25 pm

Awesome. Thank you for clarifying that important part.

Another quick question: when filling out the online application(just preparing, not submitting yet) and the question is “when did you enter the UK” - do i put the actual date of entry which as outlined above is quite some time after the visa was issued? Or can I put the date the visa was first issued as this would determine the eligibility date? Or would they have some way of checking the visa validity/eligibility period - as I know there is no time limit as mentioned by zimba previously, but if they see Jan 2015 on the form will this impact anything?

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Re: ILR for dependant

Post by CR001 » Sun Sep 08, 2019 7:31 pm

It's the date of entry as the question clearly asks.

HO do in fact know the rules and that the qualifying period starts with visa issue date!!
Char (CR001 not Casa)
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