ILR Application

[RatneshShukla]

Good afternoon,
I have a similar situation as mentioned in below topic and i have gone through with that:-
https://www.immigrationboards.com/quali ... 38348.html
I understand that i can delay the biometric by 45 days to be eligible for 5 year stay.

all though i have a question on Absence count towards absence limit as it had a point which says:-
while an entry clearance application or permission to stay application is under consideration, PG33 of PG44 of published home office record.
Will this time period from Application time to decision time counts towards absent calculation.? or this is not applicable to me at all.
Many thanks

[zimba]

For the initial visa applied outside the UK, the time spent waiting for a decision is not counted towards anything.
The time between the first visa approval and the entry to the UK is counted towards the absence limit.
When applying for ILR, you must be in the UK and stay in the UK until you get a decision.

[RatneshShukla]

Thanks for your reply Zimba,

I think i have asked the wrong question.

first entry in UK Dec 2018.(tier 4)

Application for switch from Tier 4 to Tier 2 made on 15/07/2020.

Visa date on BRP as tier 2, 30/09/2020(took long time due to covid).

Current visa expiry:- 28/07/2025.

Three question on this one:-
1) Should i apply for an extension of tier 2 as the 5 year eligibility plus 28 days gets over on 02/09/2025 and then apply for ILR.
2) will the date of application (15/07/2020) date of visa (30/09/2020), can be counted as absence period as well?
3) Should i apply for ILR before 28/07/2025(current visa expiry) and ask for delayed biometric?

Apologies in advance if i am asking same question which was posted already here and thank you in advance.

Regards
Ratnesh

[zimba]

You will be eligible in June 2025.
Absence period ??? You applied in the UK for a visa switch, you were not absent from the UK, right ??

UKVI now allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

https://assets.publishing.service.gov.u ... worker.pdf

[RatneshShukla]

Good morning Zimba,
You are a legend man.
Thank you so much for the help.
If you are in and around Love to invite you for a dinner or drinks.
Have a good day.

[RatneshShukla]

Hi Simba,
i had another query regarding my wife's visa.
i got tier 2 visa in 2020, i can apply for ILR in june or july 2025.
my wife, she joined me in 2022 on dependent visa on skilled worker (tier 2).
the ques is, when i will get my ILR, will her status of 5 year will be changed? as in she will have to be on dependent visa on my ILR for another 5 year from June 2025 or she will need just 2 more years?
Thank you in advance.

[zimba]

You will be eligible in June as I explained above. Your dependant will remain under the same visa until ILR. An extension will be fixed for 3 years

[RatneshShukla]

Thanks for the information.
Her dependent visa will expire in July 25 as well, i will get my ILR in June 25.
which extension i need to apply for her, as she is on tier 2 dependent VISA and my status will be changed to ILR now.
and does this extension will be for 5 years or just 3 years to complete her 5 years for ILR?

Regards.
Ratnesh

[zimba]

Tier 2 does not exist.
Dependant partner under skilled worker route: https://www.gov.uk/skilled-worker-visa/ ... d-children
Again, it will be for 3 years

[RatneshShukla]

Thanks Simba