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razzjzz wrote: ↑

Mon Aug 06, 2018 8:55 pm

Dear Members,

I am currently on Tier 2 General visa and my wife is on a dependant visa. I will be completing my 5 years on the 01/10/2018 and my current visa expires on the 04/11/2018.

I have few questions regarding my wife's ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 17.0) issued by the Home Office.
https://assets.publishing.service.gov.u ... .0-EXT.pdf

Under "Absences which will not break continuity in the continuous period" section it says:
"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period...."

"Calculating the specified continuous period":
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Here is my wife's case:
Her visa was first issued in Sri Lanka on the 29/11/2013.
She entered the UK on the 22/02/2014.
Her current Dependant visa expires on the 04/11/2018.(It says we could apply for the ILR 28days before the 5 year completion.)

My questions are:
1. Could we start counting the 5 years from the 29/11/2013? yes.

The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.

2. If yes, she will be completing her 5 years on the 29/11/2018 but her current visa expires on the 04/11/2018 but according to the 28days rule, will it be safe to apply on the 01/04/2018 for her ILR? Yes.

3. If we can apply 28days in advance, should we apply together on the 01/11/2018 or should I apply first during September and then apply for her separately in November? You should apply first. If rejected, only reject you but not both.


4. In the SET(O) application, it says "When did you first enter the UK?", so which date do I give for this if I am applying for ILR based on the issue date? the date of entry

I contacted two of the lawyers and they said she has to be in the UK for 5 years. I am confused. They are wrong

Appreciate your response.

Thank you

Regards

razzjzz

razzjzz wrote: ↑

Mon Nov 05, 2018 9:42 am

Thank you cyclina1 for your positive reply. Everything went smoothly.

Hi all,

If anyone following this topic, I would like to give an update.
We went for my wife's appointment on the 1st of November to a premium visa centre.
Everything went smoothly. Took less than 2 hours to process the application.
Applied on Thursday and got the BRP on Monday the 5th November.

I can confirm that they are counting the date from the date when the visa was issued on as cyclina1 confirmed earlier.

Good luck with your applications.