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Tier 2 Dependent - ILR Eligibility Date + 180 Day Absense Rule

Posted: Wed Feb 12, 2020 9:05 pm
by sunny007
Hi Respected Guru,

I have already applied for British Citizenship (through Tier 2 - 5 years and 1 year ILR) waiting now.
My question is regarding my Dependents ILR Eligibility date
Dependent First Visa issue date = 12 June 2015
First entry to UK = 27 June 2015
Absences most recent first
Year 1 : 15-May-20 16-May-19 - Total Absences = 39 days
Year 2 : 15-May-19 16-May-18 - Total Absences = 37 days
Year 3 : 15-May-18 16-May-17 - Total Absences = 0 days
Year 4 : 15-May-17 16-May-16 - Total Absences = 239 days
Year 5 : 15-May-16 16-May-15 - Total Absences = 104 days


1. As per my calculation Eligibility date is 15 May 2020 - Visa issue date minus 28 days , Is it Correct?

First Visa Issue Date = 12 June 2015 - Expiry Date - 10 November 2016
First Extension in UK Validity = 02 July 2016 - Expiry date - 28 September 2019 - Applied before expiry
Second Extension in UK Validity = 26 September 2019 - Expiry 07 September 2022


2. As you can see above year 4 has total absences more than 180 days but i think its not relevant to PBS dependent? its my thinking and search on this forum is correct? because I dont want to loose ILR fees for 2 dependents just for this mistake.

3. 180 days rule only applied to second extension as after 2018

Thanks

Re: Tier 2 Dependent - ILR Eligibility Date + 180 Day Absense Rule

Posted: Wed Feb 12, 2020 9:17 pm
by CR001
1. Yes.

2. Irrelevant.

3. Correct.

Re: Tier 2 Dependent - ILR Eligibility Date + 180 Day Absense Rule

Posted: Wed Feb 12, 2020 9:32 pm
by sunny007
CR001 wrote:
Wed Feb 12, 2020 9:17 pm
1. Yes.

2. Irrelevant.

3. Correct.
Thanks CR001 for the clarification, as absences don't matter in this case
I'll submit the application after 15 may 2020 through 1 day service. :)

SET O or SET M for dependants

Posted: Wed May 27, 2020 5:36 pm
by sunny007
Hi every one
I hope you are all keeping well in this difficult period.

My situation is
I got ILR in 2019 and after that my dependent applied for their 3rd Tier 2 dependent extension and approved.
In 2020 I apply for British nationality and get the letter of approval but the ceremony is still pending due to Covid 19.
Now my dependents are eligible to apply for ILR.
https://www.gov.uk/settle-in-the-uk/y
through above Link there is a question '1. What's your situation?'
So what option should we select for my dependant ?
You're the family member or partner of a British citizen
You're the family member or partner of someone who has settled in the UK

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

The following Line confuses me:
'If you got your current visa as your partner’s dependent after they settled in the UK, you must apply as the partner of a settled person instead.' (They get tier 2 dependent extension 3rd time after my ILR approval but before Nationality approval.)

Can any one please clarify the above question and redirect me to the correct online form?  I think It should be SET O not SET M?

Re: SET O or SET M for dependants

Posted: Wed May 27, 2020 6:31 pm
by CR001
My situation is
I got ILR in 2019 and after that my dependent applied for their 3rd Tier 2 dependent extension and approved.
In 2020 I apply for British nationality and get the letter of approval but the ceremony is still pending due to Covid 19.
You are only British once you attend your ceremony. You therefore currently are only an ILR holder.
Now my dependents are eligible to apply for ILR.
https://www.gov.uk/settle-in-the-uk/y
through above Link there is a question '1. What's your situation?'
So what option should we select for my dependant ?
You're the family member or partner of a British citizen
You're the family member or partner of someone who has settled in the UK
Some who has Settled in the UK as you are NOT yet British.

The following Line confuses me:
'If you got your current visa as your partner’s dependent after they settled in the UK, you must apply as the partner of a settled person instead.' (They get tier 2 dependent extension 3rd time after my ILR approval but before Nationality approval.)
This refers to applicants who applied for a spouse settlement visa and NOT a PBS Dependent visa.
Can any one please clarify the above question and redirect me to the correct online form?  I think It should be SET O not SET M?
She can ONLY apply on form SET(O). If you apply on form SET(M), it will be refused and you will lose your fee.

Re: SET O or SET M for dependants

Posted: Thu May 28, 2020 2:42 pm
by sunny007
Thanks CR001 :D