ILR eligibility

My family and I were all granted TIER 2 general VISA (me as primary and wife and kids are dependants) on 7 May 2015 but entered all at the same time in the UK 1 July 2015. Our ViSA will expire on 19 May 2020. We didnt leave outside the UK morethan 50 days in total since entering the UK the first time.

Now for ILR eligibility I read this in Gov.Uk
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry. If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Does this mean I am eligible for ILR application the next possible VISA application even I am short for 5 years from the time I entered the UK to my VISA expiry date?

How about for my wife and kids as my dependants? DOes the same rule applies to them? I am confused with this "to qualify for Indefinite Leave to Remain, the PBS Dependant Partner and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a continuous period of 5 years’".

Thank you very much for your help.

For all of you, the qualifying period for ilr starts from the date of initial visa was issued.

There is also no absence limit for pbs dependents whose visas were issued before 11 January 2018.

CR001 wrote: ↑

Thu Feb 06, 2020 12:07 pm

For all of you, the qualifying period for ilr starts from the date of initial visa was issued.

There is also no absence limit for pbs dependents whose visas were issued before 11 January 2018.

Thank you for your quick response. I was thinking the same since i cant see a specific rule stating dependants are an exception. But my agent stated otherwise, saying only me is eligible for ILR and my wife will need to file for extension failing to meet continous living with me in 5 years rule. I dont want to take a risk not following her advise since our VISA will expire soon if ever she is right.

She is mistaken. The rules changed more than 2 years ago for PBS dependents. Maybe your agent needs to do a refresher course!

See below which contains the relevant links.

vinny wrote: ↑

Sun Jan 14, 2018 1:42 am

vinny wrote: ↑

Sun Jan 14, 2018 1:22 am

vinny wrote: ↑

Sun Jan 07, 2018 11:35 pm

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Indefinite leave to remain: calculating continuous period in UK wrote:Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Additionally, you do not need an agent as this is not a difficult application to make online

CR001 wrote: ↑

Thu Feb 06, 2020 12:41 pm

Additionally, you do not need an agent as this is not a difficult application to make online

Thank you again for your prompt reply. They are agents being hired to by the company sponsoring me to assist visa of foreigners.

I would be very concerned that this agent does not know the rules.

If your applications fail due to their error, you have no right to appeal.

Hello also Can you help me understand this statement I found in the gov UK?

PBS and Appendix W dependantpartners
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 partner’s qualifying period includes initial leave granted from 1 February 2015 to 31 January2018, and an extension granted from 1 February2018 to 31 January2020, you must not count any absences before 1 February 2018.Dependant children are not subject to limits on absences

CR001 wrote: ↑

Thu Feb 06, 2020 12:07 pm

For all of you, the qualifying period for ilr starts from the date of initial visa was issued.

There is also no absence limit for pbs dependents whose visas were issued before 11 January 2018.

Only those who have visas issued on or after 11 January 2018 must declare absences.

Thank you again for your immediate answers.

I think the confusion started with these statements

have been living with the PBS migrant or as an Innovator in the UK in a marriage or civil partnership, or in a relationship similar to marriage orcivil partnership for at least:
o2years -for applicants granted leave as the partner of a PBS migrant under the rules in place before 9 July 2012 and who have since had continuous leave in that category
o5 years –for applicants granted leave as the partner of a PBS migrant or as an Innovatorunder the rules in place on or after 9 July 2012, who have since had continuous leave in that category and, during that period, have met all the requirements of paragraph 319C (a) to (e)

and
not have been absent from the UK for more than 180 days in any 12 month period during the 2or 5 year periodwhere that leave was granted on or after 11 January 2018

in her explanation, the continous 5 years should start at the time of the UK entry and any absences will only be considered after January 2018 I think? I am not sure how sure she is with her advise since she stated "safest option" is to extend first before applying for ILR for my wife.

I do have a question about IELTS taken 5 years ago if still valid to be used for ILR application.
It was taken on still recognised test centre and was used to a succesful UK immigration application (example to enter). In my own understanding and from what I read in the GOV.UK site this is still viable but I am having 2 answers in this forum reading the comments. Some said it is OK but others said better to take an English test again than to be sorry because for some reason they heard HO rejected some ILR application because of expired English test.

Sorry if I missed it but Is there someone who has the experience or is there a link stating they've used an expired IELTS to a succesful ILR application?

Thank you in advance.

PBS dependent residence starts counting from the date the initial visa was issued!!!

If none of the visas held were issued ON or AFTER 11 January 2018, there there is NO absence limit. The absence ONLY applies to visas, extension or entry clearance, issued on or after the January 2018 date and must be declared.

I have provided the links to the immigration rules. Your "agent" seems confused and stuck on rules that are old and outdated.

Of course she makes more money and you lose unnecessary money (visa fee and £1200 IHS for a 3 year extension) if you make an extension application that is NOT required.

trevoronitselec wrote: ↑

Thu Feb 06, 2020 4:53 pm

I do have a question about IELTS taken 5 years ago if still valid to be used for ILR application.
It was taken on still recognised test centre and was used to a succesful UK immigration application (example to enter). In my own understanding and from what I read in the GOV.UK site this is still viable but I am having 2 answers in this forum reading the comments. Some said it is OK but others said better to take an English test again than to be sorry because for some reason they heard HO rejected some ILR application because of expired English test.

Sorry if I missed it but Is there someone who has the experience or is there a link stating they've used an expired IELTS to a succesful ILR application?

Thank you in advance.

indefinite-leave-to-remain/ielts-academ ... l#p1850046