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Dependants Delayed Entry / ILR Qualifying Period

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

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Geode
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Dependants Delayed Entry / ILR Qualifying Period

Post by Geode » Sun Sep 27, 2020 6:58 pm

Hi All,

Hope everything is fine and well.

I would like to seek your expert advice regarding my ILR Application with my dependants.
My Tier 2 Visa is to be expired on the 31st of October 2020 and will be applying for ILR with my two dependents (wife and child under PBS Dependant Leave to Enter). Their VISA expirations are the same as mine. I entered UK on the 26th of October 2015 and they entered UK two months (2nd Jan 2016) after my first entry, where the 5-year qualifying period is based from. Their entry visas issued on 15th of Dec 2015.

I have read in the Immigration Rules Part 8: Family Members, that If they qualify under paragraph 319E d) (i), then they are not bound to comply with 5-year continuous stay in UK, hence we may submit our application at the same time. Even though my wife is not within the qualifying period yet. Could you please advise if my understanding is correct? Or, do they need to apply for Tier 2 Dependant VISA extension to meet the qualifying period?

Appreciate very much your feedback and this will build-up my confidence to submit our ILR application.

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zimba
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by zimba » Sun Sep 27, 2020 9:27 pm

Only children do not have the 5-year residence requirement but your wife needs a min of '5 years minus 28 days' from her first visa issue date. Your child however will follow the path of the less-privileged parent. You are all eligible by mid-November. To avoid an extension, I suggest that you apply on the last day of their visa but book the appointment date after the day they become eligible for ILR (mid Nov)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Geode
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by Geode » Sun Sep 27, 2020 11:12 pm

Thank you Zimba for your reply.

If we will apply mid Nov, we will be then over our expiration date and my wife will be less than the qualifying period too. Is my understanding correct?

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zimba
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by zimba » Sun Sep 27, 2020 11:16 pm

Geode wrote:
Sun Sep 27, 2020 11:12 pm
Thank you Zimba for your reply.

If we will apply mid Nov, we will be then over our expiration date and my wife will be less than the qualifying period too. Is my understanding correct?
Did you read what I said ???! I said apply before visa expiry and book/delay the appointment until mid-Nov when all of you will be eligible for ILR. As long as you are eligible on the day of the ILR decision, you will be granted ILR. If you have a pending application, you will be covered under Section 3C when your visa lapses.
Zimba wrote:
Sun Sep 27, 2020 9:27 pm
Only children do not have the 5-year residence requirement but your wife needs a min of '5 years minus 28 days' from her first visa issue date. Your child however will follow the path of the less-privileged parent. You are all eligible by mid-November. To avoid an extension, I suggest that you apply on the last day of their visa but book the appointment date after the day they become eligible for ILR (mid Nov)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Geode
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by Geode » Sun Sep 27, 2020 11:35 pm

Apologize Simba, I misread that part. That is great!

Just to check my understanding for my dependants’ situation, If their entry clearance were 15th Dec 2015, they entered 2nd Jan 2016 and booking the appointment on the 15th of Nov, their lapses in 5-year qualifying period are covered by section C, in what part of immigration rule? Just wanted to use it as reference.

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zimba
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by zimba » Mon Sep 28, 2020 2:27 am

Geode wrote:
Sun Sep 27, 2020 11:35 pm
Apologize Simba, I misread that part. That is great!

Just to check my understanding for my dependants’ situation, If their entry clearance were 15th Dec 2015, they entered 2nd Jan 2016 and booking the appointment on the 15th of Nov, their lapses in 5-year qualifying period are covered by section C, in what part of immigration rule? Just wanted to use it as reference.
The entry date is irrelevant. It is from their visa issue date, counting 5 years minus 28 days. That is the day they will be eligible. Apply before visa expiry, section 3C comes into effect. This is common knowledge. Time spent under section 3C is counted as lawful valid residence (see section 3C of Immigration Act 1971), that is how they fill up the shortfall at the end of their qualifying period and up to the ILR decision date.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Geode
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Re: Dependants Delayed Entry / ILR Qualifying Period

Post by Geode » Mon Sep 28, 2020 6:27 pm

Zimba wrote:
Mon Sep 28, 2020 2:27 am
The entry date is irrelevant. It is from their visa issue date, counting 5 years minus 28 days. That is the day they will be eligible. Apply before visa expiry, section 3C comes into effect. This is common knowledge. Time spent under section 3C is counted as lawful valid residence (see section 3C of Immigration Act 1971), that is how they fill up the shortfall at the end of their qualifying period and up to the ILR decision date.
Thank you for the Section 3C info. At first, I got confused about last minute application and having longer appointment. Having more readings and research, I got your point. Thank you very much for your advise and that is very helpful.

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