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ILR date clarification + PBS Dependent query

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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vrastogi
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Posts: 15
Joined: Fri Dec 31, 2021 7:35 pm
India

ILR date clarification + PBS Dependent query

Post by vrastogi » Mon Mar 06, 2023 1:31 pm

Hi All,

Good morning.
Please let me know which date is considered for ILR time frame(5 year) calculation

Q; Which date is considered for ILR
1:- The Visa issue date
2:- The Entry date stamped on passport when come to UK
3:- BRP date

Q:-My Current Visa is till 2024. My dependent visa is valid till 2025. So My dependent can live in the UK after my visa validity whether I apply for ILR or Visa extension?

Q:-My dependents are less than 18yr, born outside UK, living with me in the UK since 2019. Do they need to apply for ILR with me or they will be automatically eligible for ILR as a 7 years rule route so no need to apply now? They stay in the UK for 7 years and then apply for ILR.

Q:-Is there any fee involved for the 7 year route? Do they need to fill out any application? Considering we both parents will get ILR by that time.

Please help me to understand this. It will be great help.
Thanks and Regards,
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meself2
Moderator
Posts: 3258
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: ILR date clarification + PBS Dependent query

Post by meself2 » Mon Mar 06, 2023 1:46 pm

What route are you on? Skilled Worker/GTV/etc?
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-My Current Visa is till 2024. My dependent visa is valid till 2025. So My dependent can live in the UK after my visa validity whether I apply for ILR or Visa extension?
Yes. If you get your ILR via route you're on, they would be able to extend their stay as a dependent, should they need to do so.
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-My dependents are less than 18yr, born outside UK, living with me in the UK since 2019. Do they need to apply for ILR with me or they will be automatically eligible for ILR as a 7 years rule route so no need to apply now? They stay in the UK for 7 years and then apply for ILR.
Children born outside UK usually settle when both parents settle, so what's the staus of other parent?
Don't think they can go via 7 year route, but I'm not too familiar with that; other folks may correct me.
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-Is there any fee involved for the 7 year route? Do they need to fill out any application? Considering we both parents will get ILR by that time.
Nothing is automatic, you'd have to apply and pay the fee in one way or another.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR date clarification + PBS Dependent query

Post by CR001 » Mon Mar 06, 2023 1:49 pm

Q; Which date is considered for ILR
1:- The Visa issue date
2:- The Entry date stamped on passport when come to UK
3:- BRP date
Initial visa issue date.
Q:-My Current Visa is till 2024. My dependent visa is valid till 2025. So My dependent can live in the UK after my visa validity whether I apply for ILR or Visa extension?
Correct.
Q:-My dependents are less than 18yr, born outside UK, living with me in the UK since 2019. Do they need to apply for ILR with me or they will be automatically eligible for ILR as a 7 years rule route so no need to apply now? They stay in the UK for 7 years and then apply for ILR.
They don't qualify for the 7 year route ILR as they don't have 7 years residence in a qualifying visa. PBS Dependent is not a qualifying visa. Your children can only apply for ILR when the other parent is also applying for ILR.
Q:-Is there any fee involved for the 7 year route? Do they need to fill out any application? Considering we both parents will get ILR by that time.
Irrelevant as they don't hold a qualifying visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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vrastogi
Newly Registered
Posts: 15
Joined: Fri Dec 31, 2021 7:35 pm
India

Re: ILR date clarification + PBS Dependent query

Post by vrastogi » Thu Mar 09, 2023 11:49 am

meself2 wrote: ↑
Mon Mar 06, 2023 1:46 pm
 What route are you on? Skilled Worker/GTV/etc?

Thanks a lot for your kind help.
I am skilled worked visa.
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-My Current Visa is till 2024. My dependent visa is valid till 2025. So My dependent can live in the UK after my visa validity whether I apply for ILR or Visa extension?
Yes. If you get your ILR via route you're on, they would be able to extend their stay as a dependent, should they need to do so.
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-My dependents are less than 18yr, born outside UK, living with me in the UK since 2019. Do they need to apply for ILR with me or they will be automatically eligible for ILR as a 7 years rule route so no need to apply now? They stay in the UK for 7 years and then apply for ILR.
Children born outside UK usually settle when both parents settle, so what's the staus of other parent?
Don't think they can go via 7 year route, but I'm not too familiar with that; other folks may correct me.
vrastogi wrote: ↑
Mon Mar 06, 2023 1:31 pm
 Q:-Is there any fee involved for the 7 year route? Do they need to fill out any application? Considering we both parents will get ILR by that time.
Nothing is automatic, you'd have to apply and pay the fee in one way or another.
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vrastogi
Newly Registered
Posts: 15
Joined: Fri Dec 31, 2021 7:35 pm
India

Re: ILR date clarification + PBS Dependent query

Post by vrastogi » Thu Mar 09, 2023 11:52 am

Thanks a lot @CR001 for your kind help and input. Great help.
Regards,
CR001 wrote: ↑
Mon Mar 06, 2023 1:49 pm
Q; Which date is considered for ILR
1:- The Visa issue date
2:- The Entry date stamped on passport when come to UK
3:- BRP date
Initial visa issue date.
Q:-My Current Visa is till 2024. My dependent visa is valid till 2025. So My dependent can live in the UK after my visa validity whether I apply for ILR or Visa extension?
Correct.
Q:-My dependents are less than 18yr, born outside UK, living with me in the UK since 2019. Do they need to apply for ILR with me or they will be automatically eligible for ILR as a 7 years rule route so no need to apply now? They stay in the UK for 7 years and then apply for ILR.
They don't qualify for the 7 year route ILR as they don't have 7 years residence in a qualifying visa. PBS Dependent is not a qualifying visa. Your children can only apply for ILR when the other parent is also applying for ILR.
Q:-Is there any fee involved for the 7 year route? Do they need to fill out any application? Considering we both parents will get ILR by that time.
Irrelevant as they don't hold a qualifying visa.
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