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I think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
In your case it is counted from the date she entered the UK as she entered almost a year after her visa was first issued. You will need to apply for an extension.jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
Thanks for your prompt response sir,sm12 wrote: ↑Wed Sep 05, 2018 4:20 amI think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
https://assets.publishing.service.gov.u ... .pdf#page8
Hijilanivin wrote: ↑Fri Sep 07, 2018 9:13 amThanks for your prompt response sir,sm12 wrote: ↑Wed Sep 05, 2018 4:20 amI think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
https://assets.publishing.service.gov.u ... .pdf#page8
Your statement may be correct and is also supported by the page 19 of 31 of following guidance.
https://assets.publishing.service.gov.u ... inuous.pdf
No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).
Please advise if I am wrong.
Many Thanks
Sirs,sm12 wrote: ↑Fri Sep 07, 2018 9:24 amHijilanivin wrote: ↑Fri Sep 07, 2018 9:13 amThanks for your prompt response sir,sm12 wrote: ↑Wed Sep 05, 2018 4:20 amI think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
https://assets.publishing.service.gov.u ... .pdf#page8
Your statement may be correct and is also supported by the page 19 of 31 of following guidance.
https://assets.publishing.service.gov.u ... inuous.pdf
No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).
Please advise if I am wrong.
Many Thanks
The 180 days absence is applicable for dependants from 11/01/2018.
Before that, the absences of the dependants were immaterial I think.
By the way, on what date was your settlement approved? Did you receive any requests for further documents, etc during processing?
Hi
Thank you for your reply.
jilanivin wrote: ↑Fri Sep 07, 2018 3:57 pmApproval got in August and brp received on 03/09/2018.
There are no absences for my dependant since 01/01/2018, so you mean that the total 5 years counts from 25/03/2013 though they entered the UK after 11 months ( March 2014 ) and 5 years has already finished.
Now I will apply using SET(O) and will update soon.
Kind regards
There is no rule we can find in the immigration rules states the absence limit.
It is clear that there is no absence limit before 11 Jan 2018,
Dear Sir,CR001 wrote: ↑Wed Sep 05, 2018 8:05 amIn your case it is counted from the date she entered the UK as she entered almost a year after her visa was first issued. You will need to apply for an extension.jilanivin wrote: ↑Wed Sep 05, 2018 2:15 amDear Zimba,
My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.
Please advice.
Many Thanks in advance
If your dependants arrived in March 2013, why did they not apply for settlement with you ? They seem to have been here for more than 5 years.jilanivin wrote: ↑Sat Oct 06, 2018 3:47 amDear Sirs,
Please advice on the following issue.
I have settled in the UK as a Tier 1 Migrant in Aug 2018
My Dependaents arrived as my dependnats in March 2013
They now got visa until october 2020 as my dependants ( wife, 2 childs born overeseas )
my wife and children are eligible for settlement in March 2019 but I am planning to apply for only my wife to settle ( to save settlement fees of my children ) , CAN MY CHILDREN DIRECTLY ELIGIBLE FOR NATURALIZATION WITH MY WIFE WITHOUT ILR IN MARCH 2020 as I am already settled status.
Many thanks
Thanks for your prompt reply sir,
It's risky without child's ILR.Registration as a British citizen: children wrote:Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.
Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
• the child satisfies the other expectations for registration • the parents meet the expectations with regard to their circumstances
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.
Dear Vinny,vinny wrote: ↑Thu Nov 15, 2018 3:07 amIt's risky without child's ILR.Registration as a British citizen: children wrote:Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.
Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
• the child satisfies the other expectations for registration • the parents meet the expectations with regard to their circumstances
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.
UK born children have an entitlement to register as British (cannot be refused) once EITHER parent is granted ILR and a UK born child does not require ILR because they are entitled to register as British. The same does NOT apply to children born abroad.I accept your advice but I want to raise a point that children born in the UK ( even when the parents / at least one parent ) is not settled are also eligible for direct Naturalisation after one of their parents gets ILR, In that case there is no stage of ILR nor Permanent residency.
