Immigrationboards.com

Hi,

I am finding myself in a peculiar situation. Looking for guidance from the experienced members.

I first came to The UK in July 2013 on ICT Visa valid upto Jan 2015, alongwith my wife who came as my dependant.
In November 2014, my wife found a job in the UK, returned to our home country and applied for a Tier 2 General Visa which was granted for 5 years- 1-Dec-14 upto 30-Nov-19.
She returned to UK on 24-Dec-14.
I stayed back in UK and applied for Tier 2 Dependant visa which was granted on 3-Jan-2015, valid upto 30-Nov-2013.

Now the situation is that my wife is applying for ILR on 11 Nov using super premium service. My questions are-
Am I eligible to apply for ILR alongwith her? I have spent last 5 years in UK, out of which the first month or so was not as a dependant. Is there a clear guidance to whether my ILR application will be rejected?

If not eligible for ILR, what should be my next step? Should I apply for Tier 2 dependant extension now, followed by an ILR application on 7-Dec-19 (28 days to 5 years as dependant)? Would they refund the Tier 2 extension fees in that case?

No. You need 5 years under PBS dependant route for ILR which will be in Jan. However you can apply for ILR within 28 days of becoming eligible which is around 5th Dec 2019. I suggest to apply for ILR on 30th November and book your appointment after 5th December. This saves you money and fees of IHS

Zimba wrote: ↑

Thu Nov 07, 2019 10:48 pm

No. You need 5 years under PBS dependant route for ILR which will be in Jan. However you can apply for ILR within 28 days of becoming eligible which is around 5th Dec 2019. I suggest to apply for ILR on 30th November and book your appointment after 5th December. This saves you money and fees of IHS

I'm concerned they'll reject my ILR application on the basis that application date is before eligibility date.

avipul wrote: ↑

Fri Nov 08, 2019 10:32 am

I'm concerned they'll reject my ILR application on the basis that application date is before eligibility date.

The chances of rejection are extremely low. A favourable decision is taken If the applicant is within qualifying period on DAY of decision
Read the guidance to confirm this aspect as well.

avipul wrote: ↑

Fri Nov 08, 2019 10:32 am

Zimba wrote: ↑

Thu Nov 07, 2019 10:48 pm

No. You need 5 years under PBS dependant route for ILR which will be in Jan. However you can apply for ILR within 28 days of becoming eligible which is around 5th Dec 2019. I suggest to apply for ILR on 30th November and book your appointment after 5th December. This saves you money and fees of IHS

I'm concerned they'll reject my ILR application on the basis that application date is before eligibility date.

That cannot happen as you must be eligible on the day of the decision

Zimba wrote: ↑

Fri Nov 08, 2019 5:48 pm

avipul wrote: ↑

Fri Nov 08, 2019 10:32 am

Zimba wrote: ↑

Thu Nov 07, 2019 10:48 pm

No. You need 5 years under PBS dependant route for ILR which will be in Jan. However you can apply for ILR within 28 days of becoming eligible which is around 5th Dec 2019. I suggest to apply for ILR on 30th November and book your appointment after 5th December. This saves you money and fees of IHS

I'm concerned they'll reject my ILR application on the basis that application date is before eligibility date.

That cannot happen as you must be eligible on the day of the decision

My solicitor has advised me to do a Tier 2 extension application towards end of November, then do an ILR application on 6 or 7 December and then ask for refund of the Tier 2 extension fees. This does seem to be a safer option, the risk being that they may not refund the fees. But my solicitor says there is a 90% chance they'll refund. I'm confused. Anybody else found themselves in a similar situation?

That’s one way of doing it.

Many applicants do not choose to stick on the forum after their approvals to answer people like urself.
Search through old posts if ur looking for reassurance.

indefinite-leave-to-remain/28-days-rule ... l#p1847326

avipul wrote: ↑

Wed Nov 13, 2019 11:56 am

My solicitor has advised me to do a Tier 2 extension application towards end of November, then do an ILR application on 6 or 7 December and then ask for refund of the Tier 2 extension fees. This does seem to be a safer option, the risk being that they may not refund the fees. But my solicitor says there is a 90% chance they'll refund. I'm confused. Anybody else found themselves in a similar situation?

You are willing to pay for Tier 2 fees and lose your IHS fees (no refunds given for those at all) while ignoring the fact that there is zero risk in applying before eligibility where UKVI guide LITERALLY says the day of the decision will be considered. Also anyone who says the case
worker can refuse you does not understand anything about the immigration rules and the fact that section 3C is lawful stay under the immigration act !!!

Here is UKVI literally telling you in their guide that they will use the date that is most beneficial to the applicant when calculating the specified continuous 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

https://assets.publishing.service.gov.u ... -v18.0.pdf

Ok, here is an update in case other forum members find themselves in a similar situation.

Main applicant ILR received in November.
27/11/19: T2 dependent extension application for myself and kids. Paid Visa fees and respective IHS fees. Biometric booked for 2-Jan.
11/12/19: Applied for ILR for myself and varied the application to the T2 on priority service. Biometric booked for 17/12/19.
11/12/19: Varied kids' ILR application to the T2 on standard service. Biometric booked for Jan.
17/12/19: Biometrics completed for my ILR application.
17/12/19: Confirmation received on my ILR approval.
18/12/19: IHS Refund received for ALL the applications, without having to make any special requests.

Expecting my BRP in a few days...

Still waiting for refund of T2 Visa fees but I guess that will come through as well in due course of time.

Thanks to all the members for sharing their experience.