Tier 2 dependant extension or ILR

Hi All,

I am currently on a PBS dependant visa. 
First visa issued: 06/07/2015 
Entered the UK : 10/01/2016

Extended my Tier 2 dependant visa:
Visa granted on: 24/10/2017
Visa expires on: 24/10/2020 

On expiry of my current visa I would have spent a total of 4 years, 9 months, 14 days since I entered the UK but have had the visa for more than 5 years.

I am aware that the 180 days continuous period does not apply to leave granted before 11 Jan 2018 for dependants.

My query is regarding ILR eligibilty, since the time between my first visa issue date and the date I entered the UK is more than 180 days, would I be eligible to apply for my ILR on expiry of my current leave to remain (24th Oct 2020).

Just for context my husband was on a Tier 2 Visa and is now a British Citizen. 

Any help or guidance would be highly appreciated.

See zimba & CR001 reply

https://www.immigrationboards.com/indef ... 76087.html

How did your husband get his ILR? Was it via Tier 2 route?

Yes. He was on a Tier 2 General which he then converted to ILR and Citizenship.

SK20 wrote: ↑

Sat Aug 15, 2020 8:17 pm

Yes. He was on a Tier 2 General which he then converted to ILR and Citizenship.

Just making sure he got ILR via Tier 2 route and not LR. Read the link as provided above by seagul.

The link is very helpful and it looks like another member has successfully taken the approach of counting 5 years from the visa issue date.
I was confused as none of the guidance documents mention anything around visa grant date and entry date for dependants explicitly.

CULLINAN wrote: ↑

Sat Aug 15, 2020 8:18 pm

SK20 wrote: ↑

Sat Aug 15, 2020 8:17 pm

Yes. He was on a Tier 2 General which he then converted to ILR and Citizenship.

Just making sure he got ILR via Tier 2 route and not LR. Read the link as provided above by seagul.

That is correct. Tier 2 route and not LR

SK20 wrote: ↑

Sat Aug 15, 2020 8:38 pm

I was confused as none of the guidance documents mention anything around visa grant date and entry date for dependants explicitly.

There is NO absence limit for visas issued before 11th January 2018. The rules were amended to allow dependents to apply based in visa issue date instead of entry to the UK date. This change came into effect in January 2018, see link below.

https://www.immigrationboards.com/uk-ti ... l#p1583820

CR001 wrote: ↑

Sat Aug 15, 2020 8:46 pm

SK20 wrote: ↑

Sat Aug 15, 2020 8:38 pm

I was confused as none of the guidance documents mention anything around visa grant date and entry date for dependants explicitly.

There is NO absence limit for visas issued before 11th January 2018. The rules were amended to allow dependents to apply based in visa issue date instead of entry to the UK date. This change came into effect in January 2018, see link below.

https://www.immigrationboards.com/uk-ti ... l#p1583820

even if date of entry is more than 180 days after visa issue date? As of my knowledge in that case via issue date can not be used?

CULLINAN wrote: ↑

Sat Aug 15, 2020 8:50 pm

CR001 wrote: ↑

Sat Aug 15, 2020 8:46 pm

SK20 wrote: ↑

Sat Aug 15, 2020 8:38 pm

I was confused as none of the guidance documents mention anything around visa grant date and entry date for dependants explicitly.

There is NO absence limit for visas issued before 11th January 2018. The rules were amended to allow dependents to apply based in visa issue date instead of entry to the UK date. This change came into effect in January 2018, see link below.

https://www.immigrationboards.com/uk-ti ... l#p1583820

even if date of entry is more than 180 days after visa issue date? As of my knowledge in that case via issue date can not be used?

There has been one or two success that have posted on the forum a couple of years ago, but I agree it is risky to take the chance as the topic I quote does specifically mention delay of entry of 180 days or more means date if entry should be used at the bottom.

CR001 wrote: ↑

Sat Aug 15, 2020 8:54 pm

There has been one or two success that have posted on the forum a couple of years ago, but I agree it is risky to take the chance as the topic I quote does specifically mention delay of entry of 180 days or more means date if entry should be used at the bottom.

Thanks. That is my understanding also.