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Tier 2 Dependant (ILR Qualifying period: Entry OR Visa date)
Posted: Tue Nov 22, 2016 9:55 am
by plabo
Hi
Me and my wife are on Tier 2 General visa. She is my dependant.
We BOTH got our visas on 23 March 2012 and travelled together to the UK on 18th April 2012.
I am confused to know the following:
I know that I can apply for ILR (28 days) before 23 March 2012 (the date when we got our entry clearance).
My question is: Will my wife also qualify?
Or if not, does her qualifying period (as a Tier 2 dependant) starts 28 days before her entry into the UK (i.e on 18th April 2012).
Whoever answers, please send a link from the Home Office website as well.
Kind regards.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 10:14 am
by plabo
Hi
I just called the Home office and they replied that my wife can also apply 28 days before the 1st Visa was granted and NOT by the date of Entry into the UK.
If anyone else has a different answer, please let me know especially the Moderators. Will appreciate if you can reply with a website link from the Home Office.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 10:41 am
by CR001
For PBS dependents it is ALWAYS counted from date of ENTRY.
But as your spouse's visa is pre July 2012 and under the old rules, she only requires 2 years residence to qualify for ILR.
HO is well known for providing incorrect information and takes no responsibility for it either.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 12:42 pm
by plabo
CR001 wrote:For PBS dependents it is ALWAYS counted from date of ENTRY.
But as your spouse's visa is pre July 2012 and under the old rules, she only requires 2 years residence to qualify for ILR.
HO is well known for providing incorrect information and takes no responsibility for it either.
Dear Moderator
I appreciate your reply and called the HO again. Spoke with a different person and he gave the same answer as above that both of you can apply 28 days before the date when you both got entry clearance and this applies to the Tier 2 Dependant as well.
Hope this will help others as well.
Thank you.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 1:06 pm
by vinny
CR001 wrote:But as your spouse's visa is pre July 2012 and under the old rules, she only requires 2 years residence to qualify for ILR.
This is the more important answer for her, making her eligible to apply for ILR at the same time as you. The 28 days becomes irrelevant for her as she has already passed the two year mark.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 1:08 pm
by CR001
It is all about residence for dependents and living with the main visa holder in the UK, hence date of entry is used and pre July 2012, she only requires 2 years residence to qualify for ILR and yes, she can apply 28 days before meeting the 2 year residence requirement from date of entry. The concession to use entry clearance date is for PBS main applicants only.
Imagine if she was on the 5 year route and got entry clearance in May and entered the UK in the September, as an example, and you took the advice from a flawed help centre and applied for her ILR, she would have been refused and you would have lost your fee because she did not have 5 years residence.
See
319E (d) (i) (click)
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
.........
(d) The applicant and the Relevant Points Based System Migrant 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 the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
As I said, HO helpline is renowned for giving out incorrect information. Casa has an interesting link about it.
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 1:29 pm
by Casa
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 3:23 pm
by CR001
Thanks
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 9:40 pm
by plabo
Dear Moderators
Thanks for clarifying, this issue is solved now.
Now for the most silly question of the day:
Does it mean that my wife can apply for ILR before I can (she has already spent 4.5 yrs as a Tier 2 Dependant now).
Sorry for being so ignorant!
Re: Tier 2 Dependant (ILR Qualifying period: Entry OR Visa d
Posted: Tue Nov 22, 2016 11:27 pm
by vinny
No,
319E(b) fails. Dependants cannot normally apply for ILR before the main applicant, unless eligible under
Long residence.