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PBS dependent qualifying period calculation

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ranarehan
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PBS dependent qualifying period calculation

Post by ranarehan » Sun Jan 21, 2018 4:07 pm

I am a British citizen (from Tier-1 General 5 years route) and my partner is currently on Tier 1 (G) dependent route. My questions are around calculation of qualifying period for my partner's ILR and nationality applications. We are planning for long vacations so I want to be sure that we don't break the residency requirements for my partner's ILR and Nationality applications next year.

Date of issuance of initial tier-1 (G) dependent visa (printed on visa sticker): 10 April 2014
Date of first entry to the UK: 10 June 2014
Date of tier-1 (G) dependent extension: 30 May 2016
Expiry of tier-1 (G) dependent extension: 30 May 2019

Date of eligibility for my partner's ILR application: First Tier-1 General Dependent start date + 5 years) - 28 days = 13 March 2019. Am I calculating this right or I have to start from the date of first entry to the UK?

Given that we go to window and ILR BRP received after a week of ILR application, Am I right that the date of eligibility for my partner's Nationality application will be the same date ILR BRP is received i.e. around 20th March 2019?

As my partner is married to a British citizen so my partner only need 3 years of residency to be eligible for Nationality application?

Does my partner need to be physically present in UK 12 months before the date of Nationality application? (which will be 20th Match 2018 according to my above calculations) I could not find this requirement in the guidance but I thin I saw it somewhere when I read the requirements few months ago so thats why a little confused.

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CR001
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Re: PBS dependent qualifying period calculation

Post by CR001 » Sun Jan 21, 2018 4:23 pm

Does my partner need to be physically present in UK 12 months before the date of Nationality application? (which will be 20th Match 2018 according to my above calculations) I could not find this requirement in the guidance but I thin I saw it somewhere when I read the requirements few months ago so thats why a little confused.
No, she needs to have been physically present at the start of the 3 years residence period. There is no requirement to be physically present 12 months before applying and there has not been such a requirement either.
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ranarehan
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Re: PBS dependent qualifying period calculation

Post by ranarehan » Sun Jan 21, 2018 6:44 pm

CR001 wrote:
Sun Jan 21, 2018 4:23 pm
Does my partner need to be physically present in UK 12 months before the date of Nationality application? (which will be 20th Match 2018 according to my above calculations) I could not find this requirement in the guidance but I thin I saw it somewhere when I read the requirements few months ago so thats why a little confused.
No, she needs to have been physically present at the start of the 3 years residence period. There is no requirement to be physically present 12 months before applying and there has not been such a requirement either.
Okay, you sort of answered one of my other question about 3 years residency requirement too.

Will you be able to comment on my calculations using visa start date instead of date of first entry to the UK?

Thanks very much!

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Re: PBS dependent qualifying period calculation

Post by rsam » Sun Jan 21, 2018 6:46 pm

Following the changes after 11/01/2018, does it mean that PBS dependents can henceforth apply for ILR 5 years from the date of entry clearance issued rather than from the date of entry into UK?
Previously the Period between the issue of entry clearance and entering the UK could be counted toward the qualifying period only by main applicants.

The following guidance v16 seems to say that PBS dependents are now covered by this guidance:
https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

Please can the experts provide their opinion.
The cause of confusion is the rule "The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership.."

iubus2005
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Re: PBS dependent qualifying period calculation

Post by iubus2005 » Tue Jan 23, 2018 7:56 pm

Hi All,
A few questions about PBS dependents:
a) Does the new calculation of absence also effect children under the age of 18?
b) Immigration Rules, 319E-d-ii-d-2 specifies that
any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.
while Guidance for Calculating Continuous Period mentions
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 2 October 2017 towards the 180 days allowable
absences.
It seems the two are inconsistent. We renewed our PBS Dependents in Nov 2017. According to first guidance, we don't need to count any absences. While according to the second one, all absences since last renewal will need to be counted!
Any expert opinions?

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Re: PBS dependent qualifying period calculation

Post by CR001 » Tue Jan 23, 2018 8:30 pm

iubus2005 wrote:
Tue Jan 23, 2018 7:56 pm
Hi All,
A few questions about PBS dependents:
a) Does the new calculation of absence also effect children under the age of 18?
b) Immigration Rules, 319E-d-ii-d-2 specifies that
any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.
while Guidance for Calculating Continuous Period mentions
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 2 October 2017 towards the 180 days allowable
absences.
It seems the two are inconsistent. We renewed our PBS Dependents in Nov 2017. According to first guidance, we don't need to count any absences. While according to the second one, all absences since last renewal will need to be counted!
Any expert opinions?
1. You need to follow the Immigration Rules. The guidance October date is likely an error.

2. Please refrain from tagging your questions onto other members topics. Post in your own thread or start your own topic.
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ranarehan
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Re: PBS dependent qualifying period calculation

Post by ranarehan » Wed Jan 24, 2018 11:03 pm

Could someone please advice on what date should we use for calculating ILR qualifying period: date of visa or date of entry?

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Re: PBS dependent qualifying period calculation

Post by vinny » Thu Jan 25, 2018 2:45 am

ranarehan wrote:
Sun Jan 21, 2018 4:07 pm
Date of issuance of initial tier-1 (G) dependent visa (printed on visa sticker): 10 April 2014
Date of first entry to the UK: 10 June 2014
Date of tier-1 (G) dependent extension: 30 May 2016
Expiry of tier-1 (G) dependent extension: 30 May 2019
From 13 May 2019 and before expiry of leave may be safest.

It may sooner or different by next year.
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ranarehan
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Re: PBS dependent qualifying period calculation

Post by ranarehan » Fri Jan 26, 2018 11:15 pm

vinny wrote:
Thu Jan 25, 2018 2:45 am
ranarehan wrote:
Sun Jan 21, 2018 4:07 pm
Date of issuance of initial tier-1 (G) dependent visa (printed on visa sticker): 10 April 2014
Date of first entry to the UK: 10 June 2014
Date of tier-1 (G) dependent extension: 30 May 2016
Expiry of tier-1 (G) dependent extension: 30 May 2019
From 13 May 2019 and before expiry of leave may be safest.

It may sooner or different by next year.
Thanks for your advice vinny. Its unfortunate that the instructions from HO are not very clear on this.

I am thinking to call HO next week and seek for their advice on this. I wonder if someone else tried the same or asked for clarity via right to information?

iubus2005
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Re: PBS dependent qualifying period calculation

Post by iubus2005 » Wed Jan 31, 2018 9:10 pm

Hi ranarehan, did you call the homeoffice to ask the question?

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Re: PBS dependent qualifying period calculation

Post by cleverclues » Tue Mar 20, 2018 2:53 pm

Hello,
ILR for Tier 2 (General) PBS Dependent on 5 years route.

Date Initial Visa was Issued: 10th April 2013
Date of Entry: 20th April 2013
Absences: less than 180 day's absence in any consecutive 12 month period preceding the date of application.
Date of Application (Premium Service): 13th March 2018 & Visa was Granted!

Hope this helps!

pritikashid
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Re: PBS dependent qualifying period calculation

Post by pritikashid » Thu Mar 22, 2018 5:35 pm

cleverclues wrote:
Tue Mar 20, 2018 2:53 pm
Hello,
ILR for Tier 2 (General) PBS Dependent on 5 years route.

Date Initial Visa was Issued: 10th April 2013
Date of Entry: 20th April 2013
Absences: less than 180 day's absence in any consecutive 12 month period preceding the date of application.
Date of Application (Premium Service): 13th March 2018 & Visa was Granted!

Hope this helps!

Hi,

I am tier 1 dependent visa.

I received visa on 18th april 2013
Entered uk on 30th april 2013
My current visa valid till 02nd april 2018

Can you please tell me if which date is valid to calculate 5 year period. Visa received date 18th april or uk entry date 30th april?

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Re: PBS dependent qualifying period calculation

Post by CR001 » Fri Mar 23, 2018 7:58 am

pritikashid wrote:
Thu Mar 22, 2018 5:35 pm
cleverclues wrote:
Tue Mar 20, 2018 2:53 pm
Hello,
ILR for Tier 2 (General) PBS Dependent on 5 years route.

Date Initial Visa was Issued: 10th April 2013
Date of Entry: 20th April 2013
Absences: less than 180 day's absence in any consecutive 12 month period preceding the date of application.
Date of Application (Premium Service): 13th March 2018 & Visa was Granted!

Hope this helps!

Hi,

I am tier 1 dependent visa.

I received visa on 18th april 2013
Entered uk on 30th april 2013
My current visa valid till 02nd april 2018

Can you please tell me if which date is valid to calculate 5 year period. Visa received date 18th april or uk entry date 30th april?
Visa start date.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ranarehan
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Re: PBS dependent qualifying period calculation

Post by ranarehan » Fri Mar 23, 2018 11:22 am

vinny wrote:
Thu Jan 25, 2018 2:45 am
ranarehan wrote:
Sun Jan 21, 2018 4:07 pm
Date of issuance of initial tier-1 (G) dependent visa (printed on visa sticker): 10 April 2014
Date of first entry to the UK: 10 June 2014
Date of tier-1 (G) dependent extension: 30 May 2016
Expiry of tier-1 (G) dependent extension: 30 May 2019
From 13 May 2019 and before expiry of leave may be safest.

It may sooner or different by next year.
Hi vinny,

After seeing your recent post, is it safe to apply for ILR on 13th March 2019 and apply for naturalisation as soon as ILR is granted?

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