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5year counting for ILR; visiting period is also considered?

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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Skyju
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Posts: 4
Joined: Mon Apr 12, 2021 2:17 pm

5year counting for ILR; visiting period is also considered?

Post by Skyju » Thu Apr 15, 2021 3:51 pm

Hi, i am about to apply for the ILR as I have worked here over 5 years with Tier2. Although my all dependent have lived with me, they stayed with tourist visa for 4 months in the middle of the period as i was not sure that i could extend my contract back then. Since then, I could get a job, and my family members also obtained Tier2 dependent. Given the circumstance, i am doubting whether my wife and children can apply the ILR with me. More specifically, not sure if the Home office takes into account the term without assigned visa. I would be grateful if you can share your ideas about the issue.

secret.simon
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Re: 5year counting for ILR; visiting period is also considered?

Post by secret.simon » Thu Apr 15, 2021 3:55 pm

They would need to have spent five continuous years on a PBS dependent visa before being able to apply for ILR.

If the tourist visa was in between two PBS dependent visas, that would have broken the continuity of the PBS dependent visa. Then the first PBS dependent visa would not count for the purpose of applying for ILR (the second one will need to be extended when it is close to expiry).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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