PBS Dependant Counting ILR eligibility with delay entry

elfwolf · Post by **elfwolf** » Sun Nov 18, 2018 2:00 am

Hello Moderators,

My wife got her PBS Depentant Visa on 10/Nov/2013, She entered UK on 10/Aug/2014.

So the delay between the visa issued date and the UK entry date is more than 180 days.

I've seen some cases here that PBS Depentant can use visa issue date for counting the ILR eligibility as PBS dependants do NOT have absence limits when the visa was issued before Jan 2018. But I also found in Home Office website said that If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

So the question is, if my wife can use the Visa issue date to count the eligibility for ILR or the entry date?

Prompt response will be much appreciated.

Thanks in advance.

Deltaalpha · Post by **Deltaalpha** » Sun Nov 18, 2018 2:04 am

I reckon it would start from date of entry to uk. If applicant is more than 180 days outside it wouldn’t count you in. My suggestion is you can call ukba help line and explain the situation they would have appropriate answers.

bhagsred · Post by **bhagsred** » Sun Nov 18, 2018 4:39 pm

elfwolf wrote: ↑
Sun Nov 18, 2018 2:00 am
Hello Moderators,

My wife got her PBS Depentant Visa on 10/Nov/2013, She entered UK on 10/Aug/2014.

So the delay between the visa issued date and the UK entry date is more than 180 days.

I've seen some cases here that PBS Depentant can use visa issue date for counting the ILR eligibility as PBS dependants do NOT have absence limits when the visa was issued before Jan 2018. But I also found in Home Office website said that If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

So the question is, if my wife can use the Visa issue date to count the eligibility for ILR or the entry date?

Prompt response will be much appreciated.

Thanks in advance.

I was in a similar situation n consulted solicitor, he said cohabitation period starts from the date of entry to UK. If gap is more than 180 days better count from date of entry.

elfwolf · Post by **elfwolf** » Wed Jan 16, 2019 11:37 pm

Not sure if anyone is still interesting in this situation, here is the update for my ILR application:

My lawyer said it is fine for my wife to do the application so we did the application together with our son last week and all of us have been approved. We've received our ILR BRP this week.

So it seems that the more than 180 days dely entry only apply to the main applicant, for dependent the only concern is any absent after Jan 2018.

Immigrationboards.com: Immigration, work visa and work permit discussion board

PBS Dependant Counting ILR eligibility with delay entry

PBS Dependant Counting ILR eligibility with delay entry

Re: PBS Dependant Counting ILR eligibility with delay entry

Re: PBS Dependant Counting ILR eligibility with delay entry

Re: PBS Dependant Counting ILR eligibility with delay entry