ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

PBS dependent ILR qualification period query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

Locked
ijam
Newly Registered
Posts: 13
Joined: Mon Nov 19, 2018 2:39 pm
Mood:

PBS dependent ILR qualification period query

Post by ijam » Mon Nov 19, 2018 10:57 pm

Hello Experts,
First of all a big thank you for all the experts on this forum for helping people like me.
My situation:
I received my British citizenship in Oct, 2018. In 2017 I got my ILR on a Tier 2 General 5 years residence route.
My family members, wife and 2 minor kids situation:
First visa stamping as PBS dependent : 13 Oct, 2013
First date of entry to the UK: 3 Aug, 2014
Second visa extension valid from Jan, 2016 till 31 Mar, 2019.

Am I right in assuming that the 5 years qualifying period for ILR is based on the first visa stamping and would be 16 Sept, 2018 and as their current visa extension was done before Jan, 2018 the absence period rules do not apply to my wife.
Or do they apply for another PBS dependent extension and complete the 5 years stay in UK and apply for ILR somewhere around Jul/Aug, 2019?
It would be helpful if the experts could answer this as a call to the Home office did not provide the answers. They simply asked us to search on the government website.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: PBS dependent ILR qualification period query

Post by vinny » Tue Nov 20, 2018 12:09 am

I’m unsure of how caseworkers will interpret the Guidance.

Indefinite leave to remain: calculating continuous period in UK
Period between the issue of entry clearance and entering the UK

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.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.
PBS dependants

You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ijam
Newly Registered
Posts: 13
Joined: Mon Nov 19, 2018 2:39 pm
Mood:

Re: PBS dependent ILR qualification period query

Post by ijam » Tue Nov 20, 2018 9:48 am

Thanks for the reply. Is it that the first part is for main applicant and the second part for dependants clearly mentions before 11 Jan, 2018 the Absence criteria won't apply to the dependants.
Anyways we are planning to apply ILR initially only for my wife just to minimise the monetary risk.
In the meantime if anybody was in a similar situation could comment that would be helpful.

Locked
cron