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Qualifying period for ILR
Posted: Sun Oct 15, 2017 1:38 am
by rpampana
Hi,
Posting these questions to get a clear picture before applying for mine & wife's ILR (applying together). My visa category is Tier 2 general and wife's is under PBS dependent. I have been working for the same employer and under the same visa category through out my stay in UK. The following dates are applicable to both of us.
Grant date of 3 years leave:13/12/2012
First entry date in UK : 09/03/2013
End date of 3 years leave:10/12/2015
Grant of 2 years leave(extension): 10/12/2015
End date of 2 years leave(extension):24/12/2017
Neither of us have been outside UK beyond 180 days.
As per the above dates,
1. Is my qualifying date for ILR, 15/11/2017 right?
2. Will the same date be applicable for my wife?
Thanks,
RP.
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 1:50 am
by zimba
1. Is my qualifying date for ILR, 15/11/2017 right?
Yes
2. Will the same date be applicable for my wife?
No as PBS dependant qualifying period only starts from the date of entry to the UK.
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 2:21 am
by rpampana
zimba88 wrote: ↑Sun Oct 15, 2017 1:50 am
1. Is my qualifying date for ILR, 15/11/2017 right?
Yes
OK. Thanks
2. Will the same date be applicable for my wife?
No as PBS dependant qualifying period only starts from the date of entry to the UK.
Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?
I have a child born in UK this year. Can the child be registered as British Citizen after my ILR being granted?
Regards,
Ramesh
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 2:31 am
by zimba
Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?
Your wife applies for extension of her visa under PBS dependant at the same time you apply for ILR.
I have a child born in UK this year. Can the child be registered as British Citizen after my ILR being granted?
Yes
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 3:08 am
by rpampana
Thanks zimba88, very much appreciate your effort in answering my questions. As it is dawning upon me now, my initial plans were miscalculated. Would appreciate if you could provide further clarity.
zimba88 wrote: ↑Sun Oct 15, 2017 2:31 am
Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?
Your wife applies for extension of her visa under PBS dependant at the same time you apply for ILR.
I am trying to get the timing right here this time.
When you say same time, do you mean on the same day?
Doesn't wife's (PBS dependant applicants) need to mention my status(as my Tier-2 leave expires on 24/12/2017).
Can wife apply under family visa, once my ILR is approved?
Regards,
Ramesh.
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 9:11 am
by CR001
She can apply in person in the same day as you but it must be a different and separate appointment after yours. Or she can apply by post once you have ILR.
Uf you apply for ILR depebdent then her clock will reset to zero and a new 5 year (2 x 2.5 year visas) residence before she can apply for ILR.
Better to extend her PBS dependent visa.
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 10:14 am
by rpampana
CR001 wrote: ↑Sun Oct 15, 2017 9:11 am
Or she can apply by post once you have ILR.
Hi CR001,
Would you mind explaining how does that work? I am expecting certain sections in wife's application(as PBS dependent) would ask for my immigration status. If I have ILR would they consider wife's applications as PBS dependent?
Regards,
RP.
Re: Qualifying period for ILR
Posted: Sun Oct 15, 2017 2:18 pm
by CR001
Yes. The rules allow her to continue extending/stay as PBS dependenting if you get ILR via the PBS route and 5 years residence. See link below.
immigration-for-family-members/dependan ... 14832.html