Post
by marcnath » Sun Mar 08, 2020 8:32 pm
libra71pk1 wrote: ↑Fri Mar 06, 2020 11:08 pm
Many thanks for your kind reply.
I have two queries in relation to my family if you could kindly answer
1. Their initial visa term (granted on 08/09/2014) was expired on 08/01/2018 when they were in Pakistan, I was in the UK and applied extension on 02/01/2018 and got it on 30/05/2018. I then traveled to Pakistan on 10/06/2018 and applied their extension/Entry clearance on 28/06/2018. They go it on 06/07/2018 and we all together returned to UK on 24/07/2018. They received their BRP cards in the UK with the same expiry as mine on 30/05/2020
The question is, how their period between 09/01/2018 to 06/07/2018 will be treated? keeping into consideration the change of rules for PBS dependents on 11/01/2018.
Will it be calculated from 06/07/2018 (date of new leave started) or from 09/01/2018 (expiry of the first term) or from 11/01/2018 (when rules changed) which is correct?
2. The second question our 1st extension is expiring on 30/05/2020. I am trying to establish our qualification for ILR on 18/05/2020. However, if it is not established then I probably will travel out of UK for an important matter in the end of April 2020 and probably will apply my 2nd extension from Pakistan around 15/05/2020 and in the same time my family will apply as my dependents here in the UK.
Do you see any issue in this arrangement?
I understand that since I will have to stay in Pakistan until my Entry Clearance is granted and these days will be deducted form my 180 days absence allowance. Is my understanding is correct?
1. I thought this has been discussed extensively. In my opinion, the period from 9/1/2018 to 6/7/2018 is not an absence, so there is nor relevance to the change of rules. It is a period without a valid leave and hence resets the 5 year clock. Repeatedly asking the question is not going to change my opinion.
2. That would be a complicated scenario. I can't see anything in the immigration rules that would prevent you from doing that.Applying them together ensures that they are considered and decided together. If you apply separately, they are processed separately and the dependent extension may be refused as the main applicant. Anyway, this is not defined anywhere (to my knowledge) so I am not sure how HO will handle it.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
