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Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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bbreddy
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Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Wed Dec 06, 2017 5:18 pm

Hi all,

I have recently received my ILR (through Tier 2 General 5 years route) and want to clarify my wife's scenario.

She came to the UK on tier 2 dependent visa in July 2013 and her visa was valid until Jan 2016.
She left the UK in Oct 2014 for maternity reasons
She applied for 2nd entry clearance from outside the UK in Dec 2015 (i.e. before her first visa expires).
She returned to the UK in Jan 2016 with a new visa.

Can anyone please advise whether her 2nd entry clearance in Dec 2015 has reset the ILR clock? or Can she apply for her ILR in Jun 2018?

Many thanks

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by Zimba » Wed Dec 06, 2017 6:56 pm

She can apply for ILR in 2018
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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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Dec 07, 2017 10:31 am

Thank you very much, Zimba.

Just to confirm, is 28 days rule applicable for dependents as well?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Dec 07, 2017 11:10 am

I also want to take this opportunity to clarify my child's scenario:

My daughter (born outside the UK) first came to the UK in Jan 2016, and her current visa is valid until Oct 2018.

I got my ILR in Nov 2017 and assuming my wife too gets her ILR in say June 2018, can we directly apply for citizenship for my child immediately after?

If not, if I include my child along with my application for British Citizenship in Nov 2018, what will be the status of my child between 'Oct 2018 and Nov 2018' (i.e. her visa expires about a month before I can apply for BC).

Can I do a postal ILR application for my child in Oct 2018 and make a request to consider BC directly for her at the time of my application? If they consider this favorably, will I need to pay for both the fees? or will they refund the ILR fees?

Can you please suggest the options available to get this done with least cost.

Many thanks once again.

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Thu Dec 07, 2017 11:21 am

I got my ILR in Nov 2017 and assuming my wife too gets her ILR in say June 2018, can we directly apply for citizenship for my child immediately after?
No. She has no entitlement to register and requires ILR first.
If not, if I include my child along with my application for British Citizenship in Nov 2018, what will be the status of my child between 'Oct 2018 and Nov 2018' (i.e. her visa expires about a month before I can apply for BC).
Apply for ILR when your spouse applies.
Can I do a postal ILR application for my child in Oct 2018 and make a request to consider BC directly for her at the time of my application? If they consider this favorably, will I need to pay for both the fees? or will they refund the ILR fees?
No. Children born abroad require ILR first.
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Dec 07, 2017 11:27 am

Thank you very much CR001

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Dec 07, 2017 11:33 am

Can you also please advise:

(1) if we can apply for ILR 28 days early for dependents as well ?

If we have to apply for ILR for child at the same time as my wife, does the child also need to complete 5 years by that time?

(2) Regarding BC for child, can we request for 'discretion' - assuming we get all supporting letters from school etc?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Thu Dec 07, 2017 11:49 am

(1) if we can apply for ILR 28 days early for dependents as well ?
Yes. The 5 years is counted from the date of ENTRY to the UK and not visa issue/stamp date.
If we have to apply for ILR for child at the same time as my wife, does the child also need to complete 5 years by that time?
No residence requirement for small children.
(2) Regarding BC for child, can we request for 'discretion' - assuming we get all supporting letters from school etc?
You can try but if you are refused (which is likely), you lose the fee and your child will have no valid visa if the PBS Dependent visa has expired. For children born abroad, both parents (and the child) need to be settled (hold ILR)and at least one parent must either be applying for BC or already be BC.

There have been many refusals for children's BC due to members trying to avoid ILR and save money on the fee.

A child born abroad BC application is already an application at 'discretion'. There is no entitlement to register for children born abroad.
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Dec 07, 2017 11:56 am

Thank you CR001, very helpful as ever

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Mar 01, 2018 5:07 pm

Hi All,

Sorry for reviving this thread again, as am planning to book appointment for my partner shortly, and have noticed there are some changes to '180 days rule' lately.

Can you please advise if she is still eligible to apply in June 2018 taking into account the below?

As per official guidance at - https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

On Page 8/9:

PBS dependants
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
Page 9 of 18 Published for Home Office staff on 11 January 2018
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.


On page 17:

Time spent overseas due to pregnancy, or maternity, paternity or adoption-related
leave is treated the same way as any other absence, that is, within the 180 days in
any 12 months.


Furthermore, is there any requirement to maintain at least 'x' (e.g. £900 per day) amount of funds in the bank account?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Mar 01, 2018 5:17 pm

Regarding maintenance, below is what is quoted at https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa:

So wondering what is 'appropriate'/recommended ?

Eligibility for partners
Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to continue living together
you have enough income to support yourselves and your dependants
you’re not using public funds

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Thu Mar 01, 2018 7:22 pm

Absence is not an issue for visas issued before 11th January 2018.

There is NO maintenance fund for ILR for a PBS migrants. You only need to submit proof of income (ideally 3 months payslips and bank statements).
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Mar 15, 2018 3:33 pm

Does the 5-year period for a tier 2 dependent still counted from the date of entry to the UK?

I read in some recent posts by others that their applications were successful even if they based it on their visa issue date? Is there any official guidance on this?

On a side note, I notice that there are no appointments available for the next 45 days. Is there any specific reason for this?

Many thanks

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Thu Mar 15, 2018 3:47 pm

Does the 5-year period for a tier 2 dependent still counted from the date of entry to the UK?

I read in some recent posts by others that their applications were successful even if they based it on their visa issue date? Is there any official guidance on this?
Rules changes on 11th January. Date of visa stamp can be used. uk-tier-1-general-visas/ilr-through-tie ... l#p1583820
On a side note, I notice that there are no appointments available for the next 45 days. Is there any specific reason for this?

All appointments available might be booked up already. March is the busiest time as applicants try to avoid the fee increases on 6th April.
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Mar 15, 2018 9:42 pm

Thanks a lot, CR001.

My wife's visa was stamped on 13 Jan 2013, so she can apply 28 days early i.e. on 17 May 2018? Correct?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu Mar 15, 2018 9:52 pm

Sorry, entry date was 13 JUNE 2013 (Not "Jan").

When trying to book appointment, what should we select as the category? Is it 'dependent' or 'tier 2'?

I am planning to apply for our daughter separately to that of my wife. Will this cause any issue? If ok, is the 'category' going to be the same as my wife (as above)?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Thu May 10, 2018 5:06 pm

Hi,

Please see above for full background of our case.

My wife's ILR Application is next week, so wanted to double check that there was no change of rules that will impact the decision.

i.e. the dependent can apply 28 days before her entry date?
and staying out of the country for more than an year (before 11 Jan 2018) has no impact.

If yes, what should she answer the below question in the app form. How long have you been in the UK? in years and months?

She is only about 4 years and 10 months at the time of application (and not at least 11 months and 2 days) as she entered about 20 days after her visa issue date is. Is that ok?

Thanks

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Fri May 18, 2018 4:40 am

Hi all,

Very pleased to let you know that my wife's ILR was approved in spite of all of the above - applied 27 days before completion of 5 years (based on visa stamp date), more than 180 days out of the UK (before 11 Jan 2018), extended visa from out of country (but before the expiry of the previous one)

We submitted the below docs:
Passports & BRP - wife's and main applicant (Mine)
Marriage certificate
Child's DOB certificate
Cohabitation proofs
NAARIC
Life in the UK
passport photos
Main applicant's employment letter and bank statements
cover letters from both of us

Also to the question on - 6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the UK at the beginning of the period of stay on which this application is based.

I mentioned visa stamp date, and not the entry date. The gap between issue date and entry date was shown as absence.

No questions asked at all.

Hope that helps someone in a similar situation.

Does my daughter still needs to apply for ILR before getting BC?

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Fri May 18, 2018 12:25 pm

Congrats, great news.
Does my daughter still needs to apply for ILR before getting BC?
Why did you not include your daughter with your wife's ILR application??? Children born abroad are expected to hold ILR before applying for citizenship, as already advised on 7th December 2017 @ 12.49pm.
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Fri May 18, 2018 1:04 pm

Thank you, CR001.

The only reason for not applying together was to not take a chance (in the worst case something goes wrong with my wife's application - then both will be rejected) given the ridiculous amount of fees that HO charges per applicant (aka day light robbery).

My daughter's ILR appointment is booked for next week. But If there is a way then we are still interested in applying for BC directly to avoid the ILR fees...

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Fri May 18, 2018 1:08 pm

The child needs ILR otherwise you risk BC being refused and her visa being expired, which creates a whole different set of problems.
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Wed May 23, 2018 1:30 pm

I booked appointment for Set (0) for my 3 year old's ILR premium service appointment.

I have just realized that I will need to actually use Set (F) form - as child is under 18.

Will this create any problem at the time of registering/submitting the application form at the premium service center?

If yes, is there a way we can change it in advance of that?

Can you please advise.

Do both the parents need to be present at the time of ILR application? I can't make it due to work reasons, and my wife can take her along there. Is it ok? Anything else that needs to be considered at the time of filling the application form in view of the above?

We are planning to submit the below docs, is there anything else we need to bring along

Passports of all 3
BRP of all 3
passport photos
payment confirmation page
appt confirmation page
SET F app form
DOB Certificate
marriage certificate
bank stmts - both
residence proof letter
cover letter confirming both of us are ok to get ILR for our child
employer letter
pay slips
polling cards
any NHS letters addressed to child
photo copies of the above

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by CR001 » Wed May 23, 2018 1:32 pm

You can use EITHER Set(O) or Set(F).
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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by bbreddy » Sun May 27, 2018 6:28 am

Pleased to report our daughter got her ILR using SET F form.

No questions asked.

Thank you every one for your inputs, particularly the moderators

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Re: Will PBS dependent's ILR clock resets on 2nd entry clearance application before 1st visa expired?

Post by thippeshcam » Mon Sep 10, 2018 10:15 pm

@bbreddy,

Thanks for the sharing experience of your dependent's successful ILR application. I am also in the route with my wife's application.
My wife had break of nearly one year (for maternity) but her entry clearance (Tier 2 dependent issued on 2nd December 2013) was valid til l oct 2019 (she was out of the country from December 2016 till April 2018). I had confusions regarding allowable 180 days absence. Is she eligible to ILR application? If so what cohabitation proofs we need give?

Your advice will be of great help.

Look forward to your reply
Thippesh

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