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Tier 2 (dependent) application for ILR date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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adatitan
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Posts: 25
Joined: Sat Jun 02, 2018 10:49 pm
Iran

Tier 2 (dependent) application for ILR date

Post by adatitan » Sat Jun 02, 2018 11:10 pm

Hi all,

My husband and I got tier 2 visa sponsored by my husband's employer.
My husband arrived in the UK : 31 March 2014
I arrived in the UK : 13 May 2014 (about 1.5 month later than him)
  • My husband will be eligible to apply for ILR 28 days earlier than 5 years stay in the UK (approx. 2 March 2019). Is this correct?
    • Am I able to apply with him by 2 March 2019? (while it will be 4 years and 9 months being in the UK for me)
    • If I would not be eligible at that time so if he applies for ILR by 2 March 2019, then what will happen to my tier 2 dependent visa?
    • Should he wait for me and apply for ILR 1.5 month later than he gets eligible?
    • In ILR condition, they said we are allowed to be out of country for 90 days per year or something like that.As I hav not been away more than 30 days per year, can I assume my start date to live in the UK is the same as my husband but I was away for 1.5 month? and then apply for ILR with him (2nd March 2019)?
    Thank you for reading my question.
    I appreciate it and looking forward hearing from you.
    Many Thanks :)

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CR001
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Re: Tier 2 (dependent) application for ILR date

Post by CR001 » Sun Jun 03, 2018 9:52 am

What is the start date of the first visas for each of you?
In ILR condition, they said we are allowed to be out of country for 90 days per year or something like that.As I hav not been away more than 30 days per year, can I assume my start date to live in the UK is the same as my husband but I was away for 1.5 month? and then apply for ILR with him (2nd March 2019)?
Not sure where you heard or read about 90 days absence per year. The absence limit is no more than 180 days absence in ANY 12 month rolling period for main tier 2 visa holder. There is no absence limit for PBS Dependents with visas issued before 11th January 2018.
Char (CR001 not Casa)
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adatitan
Newly Registered
Posts: 25
Joined: Sat Jun 02, 2018 10:49 pm
Iran

Re: Tier 2 (dependent) application for ILR date

Post by adatitan » Sun Jun 03, 2018 1:11 pm

Thank you for your reply.

Our visa start date is 28 March 2014.

adatitan
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Posts: 25
Joined: Sat Jun 02, 2018 10:49 pm
Iran

Re: Tier 2 (dependent) application for ILR date

Post by adatitan » Sun Jun 03, 2018 1:28 pm

CR001 wrote:
Sun Jun 03, 2018 9:52 am
What is the start date of the first visas for each of you?
In ILR condition, they said we are allowed to be out of country for 90 days per year or something like that.As I hav not been away more than 30 days per year, can I assume my start date to live in the UK is the same as my husband but I was away for 1.5 month? and then apply for ILR with him (2nd March 2019)?
Not sure where you heard or read about 90 days absence per year. The absence limit is no more than 180 days absence in ANY 12 month rolling period for main tier 2 visa holder. There is no absence limit for PBS Dependents with visas issued before 11th January 2018.
Thank you for your reply.

Our visa start date is 28 March 2014.

As I am working full time and I can not be out of country more than a month per year so I did not pay attention to the absence rule.

We are planning to have a baby and dates are very important for us now. Thanks in advance

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Djsuccess
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Nigeria

Re: Tier 2 (dependent) application for ILR date

Post by Djsuccess » Sun Jun 03, 2018 5:20 pm

adatitan wrote:
Sat Jun 02, 2018 11:10 pm
Hi all,

My husband and I got tier 2 visa sponsored by my husband's employer.
My husband arrived in the UK : 31 March 2014
I arrived in the UK : 13 May 2014 (about 1.5 month later than him)
  • My husband will be eligible to apply for ILR 28 days earlier than 5 years stay in the UK (approx. 2 March 2019). Is this correct? Yes
    • Am I able to apply with him by 2 March 2019? (while it will be 4 years and 9 months being in the UK for me)
    No
    • If I would not be eligible at that time so if he applies for ILR by 2 March 2019, then what will happen to my tier 2 dependent visa?
    As long as your visa is still valid, you will be able to continue on your visa till you qualify for ILR (28 days before 13 May 2019. If your visa expires before then, you will need to extend it first to complete the 5 yrs before ILR)
    • Should he wait for me and apply for ILR 1.5 month later than he gets eligible?
    If he still has a valid visa, yes he can wait for you, so you apply for ILR together.
    • In ILR condition, they said we are allowed to be out of country for 90 days per year or something like that.As I hav not been away more than 30 days per year, can I assume my start date to live in the UK is the same as my husband but I was away for 1.5 month? and then apply for ILR with him (2nd March 2019)? You cannot claim absence before your first entry. Your entry date was 13 May, 2014. That's when your qualifying period started.

    As for having babies, any child born after one of the parents or both have obtained ILR with have automatic citizenship, this will save you about 1-2k compared to having the baby before having your ILR. Apart from this, nothing should stop you from having your baby whenever you want even before getting the ILR
    .
    Thank you for reading my question.
    I appreciate it and looking forward hearing from you.
    Many Thanks :)
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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