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Dependent 6 days short for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Jaff
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Joined: Tue Sep 25, 2018 10:35 am

Dependent 6 days short for ILR

Post by Jaff » Tue Sep 25, 2018 10:44 am

Hi Everyone;

looking for some advice as frankly I’m a bit disappointed and shocked at myself for not noticing this earlier. I’m currently in the UK on a Tier 2 General visa sponsored by an employer, my wife is my dependent, both our visas expire on 8/07/2019 which is not a problem for me to hit 5 years required to apply for ILR, however, it has just come to my attention that my wife visa started a few weeks after mine (for reasons I can't recall). so, we have different Tier 2 start dates but same expire date.

So even then I apply this formula: date you arrived in the UK + 5 years (365 days) - 28 days, she can only apply on 14/07/2019 - meaning she's 6 days short!!!!

it's worth noting that she was also my dependent on PSW VISA before we both switched to Tier 2.

what are our options to ensure she gets to apply for ILR with minimal risk? post application? extension for her visa before we both apply for ILR?

many thanks for your advice in advance.

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CR001
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Re: Dependent 6 days short for ILR

Post by CR001 » Tue Sep 25, 2018 10:50 am

Useful to state what date her first tier 2 dependent visa was issued!!! :idea: :idea:

Also what her full UK immigration history is including all important dates.
Char (CR001 not Casa)
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Jaff
Newly Registered
Posts: 3
Joined: Tue Sep 25, 2018 10:35 am

Re: Dependent 6 days short for ILR

Post by Jaff » Tue Sep 25, 2018 11:02 am

thanks for your speedy response!

PSW dependent issued on-------------------15/02/2014
PSW dependent First Entry------------------25/02/2014
1st Tier 2 dependent issued-----------------12/08/2014
extension Tier 2 dependent Expire---------08/07/2019

please let me know if you require more information

Jaff
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Posts: 3
Joined: Tue Sep 25, 2018 10:35 am

Re: Dependent 6 days short for ILR

Post by Jaff » Tue Sep 25, 2018 5:01 pm

Hi;

found this on the UKBA website regarding "PBS Dependant - Partner" section:

https://assets.publishing.service.gov.u ... 7-2018.pdf

""6. You can qualify for indefinite leave to remain if you meet the following conditions:
a. As a dependent partner:
• You must be the spouse or civil partner, unmarried or same-sex partner, and have
been granted leave as such, of a person who:
o has indefinite leave to remain as a Relevant Points Based System Migrant; or
o is, at the same time being granted indefinite leave to remain as a Relevant
Points Based System Migrant, or
o has become a British Citizen where prior to that they held indefinite leave to
remain as a Relevant Points Based System Migrant.
• You and your partner must have been living together in the UK in a marriage or civil
partnership, or in a relationship similar to marriage or civil partnership, for at least 5
years
• You must demonstrate sufficient knowledge of the English language and sufficient
knowledge about life in the United Kingdom, in accordance with Appendix KoLL.""

How applicable is this to our situation?

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