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Dear Cullinan, Moderators and Experts,

I am planning for the no of dates absence for me (Tier 1 Investor) and my Partner (Tier 1 Investor Partner Dependent) so that it won’t cause problem when we apply ILR in 2022.

Our details are as follows:

First visa start & end day: 25/ 2/ 2017 - 25/ 6/ 2020 for 3 years and 4 months (Main & Partner)
First entry date: 28/ 2/ 2017 (Main and Partner) - soft landing

——————Left UK and return some time around Dec 2017————

Main: 21/ 6/ 2017 - 20/ 6/ 2018 (less than 180 days absence from UK)
21/ 6/ 2018 - 20/ 6/ 2019 (less than 180 days absence from UK)
21/ 6/ 2019 - 20/ 6/ 2020 (less than 180 days absence from UK)
Partner: More than 180 days absence from UK for every year ending 20/ 6. Since this period is covered by rules applied for visa granted before 11/1/2018, so this won’t be a problem, correct?

Applied for visa extension: 5/ 6/ 2020 in UK (Main); 24/ 6/ 2020 outside UK(Partner) - could not return to UK and applied together due to Covid
Second visa start and end day: 4/ 11/ 2020 - 4/ 11/ 2022 (Main) ; 12/ 11/ 2020 - 4/ 11/ 2022 (Partner)
Second entry date for Partner after visa extension (Planned) : 3/ 12/ 2020

Could you please advise or confirm if my understanding on the followings is correct:

1) Because of Covid, visa extension processing time for Main was much longer than the standard service time of 8 weeks. This then affect the processing time for Partner and she therefore could not come to the UK before decision was granted to her. Since Partner applied before the first visa expired, her 5 years continuity period would not break, correct?
2) Since second visa was only granted to Partner on 12/ 11/ 2020, am I right that number of days for absence requirement for her would only start to count from 12/ 11/ 2020?
3) The period from 24/ 6/ 2020 (application date outside UK) to 12/ 11/ 2020 (visa extension grant date), she was outside UK because the visa extension application was under consideration, this period would not count as absence from the UK, correct?
4) Though eligible to apply ILR 28 days before 25/2/2022, Main is planning to apply for ILR Set (O) on 20/ 6/ 2022 only after taking into account the 180 days absence rule. Can Partner join me to apply at the same time as both should have met the 5 years continuity period, correct? If yes, Partner should only ensure no more than 180 days absence during any 12 months period from 12/ 11/ 2020 (visa extension grant date) to 20/ 6/ 2022 (ILR application date), correct?
5) Do Main and Partner need to prove we are living together in the 2 years before ILR application date? If yes, the first half year of this 2 years was the visa processing period and we could not be together because one in UK and one outside UK. How to handle this problem? Would UKVI only assess the period since Partner arriving UK with the 2nd visa and this would be less than 2 years then?

Thank you very much for your advices in advance.

It is not clear what you are asking. When and where did your dependant apply for extension ??

Zimba wrote: ↑

Sat Nov 14, 2020 12:27 pm

It is not clear what you are asking. When and where did your dependant apply for extension ??

Thank you for your reply, Zimba. Sorry if I didnt make things clear at the beginning.

We both had our first visa granted from 25/2/2017-25/6/2020 as Tier 1 (Investor) and Tier 1 (Investor) Partner Dependent.
She made her PBS Partner visa extension application in our home country on 24/6/2020, ie before her first visa expired. I made my T1 visa extension application in the UK on 5/6/2020. This was because she was not able to travel back to the UK during Covid. Now my extension visa was granted from 4/11/2020-4/11/2022 and her second visa was granted on 12/11/2020 until 4/11/2022.
Assuming I am to apply ILR in Jun 2022 when I am able to fulfill the absence requirements, I would like my partner to apply with me at the same time. My questions are :
1) at time of ILR application, she should have the 5 year continuity period because she entered on 28/2/2017 and extend her visa on 24/6/2020 before the first visa expired, right?
2) because she applied visa extension outside UK, the gap period between 24/6/2020 (date of application) -12/11/2020 (date of extension granted) should not be counted as absences from the UK as her first visa was granted before 11/1/2018, right?
3) She is planning to travel to the UK with the new visa in Dec 2020. As long as she is able to have less than 180 absences from the UK during any 12 months period from 12/11/2020 (visa extension grant date) to my planned ILR application date in Jun 2022, she should be able to join me to apply ILR at the same time, right?

Sorry again if this looks lengthy and complicated. Your advice would be much appreciated.

Yes. All your assumptions are correct

Zimba wrote: ↑

Sat Nov 14, 2020 1:49 pm

Yes. All your assumptions are correct

Thank you so much for your quick reply Zimba. Do we need to provide evidence for cohabitation for our route at time of ILR? If yes, should that only cover period from Dec 2020 (ie her entry with the new visa) to our ILR application date? That will be only 1 and a half years then.

You need cohabitation for the last two years

Zimba wrote: ↑

Sat Nov 14, 2020 2:13 pm

You need cohabitation for the last two years

OK, thanks a lot. That is alright as we have joint name council tax bills and bank statements with same address.

You need items from 3 to 6 difference sources, spread evenly for every quarter, in either joint names or addressed to each of individually.

CR001 wrote: ↑

Sat Nov 14, 2020 3:03 pm

You need items from 3 to 6 difference sources, spread evenly for every quarter, in either joint names or addressed to each of individually.

Thank you so much for the info, CR001.

So like:
Q1: Tenancy Agreement (joint-name) for previous address
Q2: Bank Statements of each of us but with same (old) address
Q3: Mobile Statement of each of us but with same (old) address
Q4: Tenancy Agreement (joint-name) for our new address
Q5:Bank Statements of each of us but with same (new) address
Q6: GP registration letter for each of us but sent to same address
Q7: Annual Council Tax bills (joint name)
Q8: Water bill (joint name)
Would that be good enough?
So better to plan ahead in that case.
Thanks!

Any evidence from any source can be used

Zimba wrote: ↑

Sat Nov 14, 2020 7:02 pm

Any evidence from any source can be used

Got it. Thanks again Zimba