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Dependants continous Leave with new Entry clearerace

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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ishfaqsangra
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Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Thu Nov 09, 2017 6:25 pm

My dependants left country as PSW dependent on 1st January 2014 with valid leave till 23rd March 2014.
Stayed there and submitted fresh entry clearerace on 5th May(42 days after expiry)as Tier1E dependant and entered on 29th May 2014.

Does my dependants 's continous residency maintained ?

Thanks

ishfaqsangra
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Re: Dependants continous Leave with new Entry clearance

Post by ishfaqsangra » Fri Nov 10, 2017 6:32 am

Any comments please I was under the impression that One must leave and then enter with valid leave within 6 months but they must apply within 28 days of visa expiry when outside the country.
Regards

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zimba
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Re: Dependants continous Leave with new Entry clearerace

Post by zimba » Fri Nov 10, 2017 12:48 pm

Yes it is maintained
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Fri Nov 10, 2017 8:05 pm

Thanks Zimba

ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Sat Nov 11, 2017 8:27 am

Thanks for the feedback
Another relevant question to this.
For ILR dependent require to reside together for last 5 years or if she has not broken the continuity of residence( although a gap of 5 months overseas stay) will be counted.
She has been living with me since 14th May 2011 without any continous residence break.

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zimba
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Re: Dependants continous Leave with new Entry clearerace

Post by zimba » Sat Nov 11, 2017 12:32 pm

You need to show proof of cohabitation for the last two years but she has no continuous stay requirement
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ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Sat Nov 11, 2017 10:26 pm

As you mentioned she has no requirement of continous leave, what about 5 year rule for ILR?

Dependants must complete that before ILR as I understand.

She is in UK (with that one additional entry clearance where she left and re-enter with valid leave within 6 months) since May 2011 so can she apply with me in March 2019?

I was assuming that she reentered with new entry clearance on 29th May 2014 so may need to wait till 1st May 2019?

Just to refresh, Her new entry clearance successful application was after42 days of visa expiry in 2014.

Thanks

ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Sun Nov 12, 2017 8:57 pm

zimba88 wrote:
Sat Nov 11, 2017 12:32 pm
You need to show proof of cohabitation for the last two years but she has no continuous stay requirement
What is the 5 year rule for a dependant to apply for ILR? And will she be able to apply with me as per my above description

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Re: Dependants continous Leave with new Entry clearerace

Post by zimba » Sun Nov 12, 2017 9:50 pm

If she entered the PBS route before 2012 rule changes, she just needs two years
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ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Mon Nov 13, 2017 7:02 am

zimba88 wrote:
Sun Nov 12, 2017 9:50 pm
If she entered the PBS route before 2012 rule changes, she just needs two years
Thanks a lot. She entered as Tier 4 dependant on 14th May 2011 and hence maintained continous leave(Other than one visa expiry overseas as I mentioned above applied after 42 days and entered within 6 months but with new entry clearance in 2014).
Will she be able to apply with me on 1st March 2019
Your guidance has been very useful otherwise I was delaying mine to 1st May 2019 when she will complete 5 years with new entry clearance.

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Re: Dependants continous Leave with new Entry clearerace

Post by zimba » Mon Nov 13, 2017 6:13 pm

Yes she should be able to
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ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Mon Nov 13, 2017 9:21 pm

zimba88 wrote:
Mon Nov 13, 2017 6:13 pm
Yes she should be able to
Thanks a lot for your time and valuable input

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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Fri Nov 09, 2018 3:32 pm

Hi just need to bring up this topic again, at that time there were some valuable in puts by dear member Zimba .

Now reading through continuous residence guidance I think my wife’s Continuous residence is broken down as rules at that time states that they must successfully apply within 28 days of Visa Expiry and she successfully applied but after 42 days.

Am I right?

My UK born daughter will turn 7 next year and I guess she lost her continuous residency as well as they all there?

Regards

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zimba
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Re: Dependants continous Leave with new Entry clearerace

Post by zimba » Fri Nov 09, 2018 4:26 pm

Yes. If it is more than 28 days, then the continuous residence is broken
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Re: Dependants continous Leave with new Entry clearerace

Post by CR001 » Fri Nov 09, 2018 5:21 pm

What relevance is your UK born daughter statement??

Do you plan on registering her as British?
Char (CR001 not Casa)
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ishfaqsangra
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Re: Dependants continous Leave with new Entry clearerace

Post by ishfaqsangra » Fri Nov 09, 2018 8:05 pm

@CR01 No she can not at this point

I was just going through Private life topics,7 years continuous leave of UK born child which she is and completes next year,however her 7 year continuity is also broken as She was with her mum and stayed there for few months, adding another negative to that kind of application.

I am very hopeful for my ILR application next year ,but sometimes you read too many things😊

Regards

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