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Dear All Members,

I would like to seek help about my wife ILR application. She came in the UK as Dependent of Tier 1 Entrepreneur.

Initial entry clearance as Tier 1 Dependent issued on 20/5/2016 but entered in UK on 7/6/2016. Her current visa is valid until 31/3/2023 due to second extension.

When will be she eligible for ILR application? 28 days before initial visa issued date or entry date in the UK?
Is the form Set (O) is the right one?

Looking forward to hear from you soon.

Thanks
Lucky

Use SET(O). It is 5 years from visa issue date minus 28 days

Dear Zimba and All,

Thank you for your reply.

A bit confusion regarding the below text from Home Office guidance.

Indefinite leave to remain:
calculating continuous period in
UK
Version 22.0


Tier 1 Entrepreneur and Tier 1 Investor dependant partners

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 partner’s qualifying period includes initial
leave granted from 1 February 2015 to 31 January 2018, and an extension granted
Page 10 of 19 Published for Home Office staff on 01 December 2020
from 1 February 2018 to 31 January 2020, you must not count any absences before
1 February 2018.
Dependant children are not subject to limits on absences.

Could you please clarify, Will my 5 year ILR qualifying period will be from Initial Visa issued or Entry in the UK?

Thanks
Lucky

Visa issue date!!

Dear All Members,

Thank you for the reply.

I now believe that context of above guidance doesn't relates to my query. Could you please share the link to confirm that Tier 1 Dependent ILR is eligible from the date of initial visa granted. I will appreciate the response to clarify the confusion.

Thanks

Lucky

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

vinny wrote: ↑

Sun Jan 14, 2018 1:42 am

vinny wrote: ↑

Sun Jan 14, 2018 1:22 am

vinny wrote: ↑

Sun Jan 07, 2018 11:35 pm

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Indefinite leave to remain: calculating continuous period in UK wrote: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.

Dear All,

Thank you for the crystal clear clarification. I am now satisfied that Tier 1 Dependent can qualify for ILR from the date of initial visa granted, where as for Spouse of British person ILR will qualify from the date of entry in the UK.

Thanks

Dear All,

I applied for ILR as Tier 1 Dependent as Priority application. I applied on 26 April 2020 and submitted bio metrics on 12 May 2021 and today I received the email regarding complex issues. They will refund me the priority service fee and treat the application as normal.


My documents were as follow,
Set O
Current Passport Name AAA BBB
Resident permit card
Previous passport Name AAA BBB
Life in the UK
UK Ecctis / Naric Certificate, MY name is AAA BBB
Degree Certificate,
University Letter
Birth Certificate
Marriage Certificate
5 year residency proof, Bills, Bank Statement, GP Letters, Hospital Letter, Council Tax etc
Signed declaration from me and my husband.
Husband ILR

I never had the complex issues before and I did my two extension comfortably. My first entry clearance was 20 May 2016 and I entered UK on 5 June 2016. We have not applied for Universal credit to be on safe side. Although my husband is taking Child benefit of £140 per month for the last 4 month but I did not declared it on the application as it were not in my name.
My name is AAA without any sur Name on my birth certificate, degree and university letter but UK Naric put my name as per Passport on the letter. AAA BBB.

Do you think it due to my Name and Sur Name issues.

Please advise.

Thanks

Application submitted on 26 April 2021, not on 26 April 2020

Dear Moderators,

Please comment on my post. Is it something alarming or wrong with my application.

Thanks

It is not up to you to determine if your application is straightforward or complex. Every application is decided in its own timeframe and ILR can take up to 6 months. Now wait to hear back

Hi Moderators and All,

I am updating the progress on the application which was posted under this thread.

indefinite-leave-to-remain/tier-1-depen ... 16671.html

After waiting about eight months, Home office has finally granted the Priority application which was submitted in April 2021. I did contact MP in August and letter was sent to Home Office. I contacted again MP in November and Home Office processed the application on 31 December 2021. It is a nice present for New year.

Thanks to everyone who share their knowledge and experience.

Unlocked topic and Posts merged.

Hi Moderators,

Could you please advise me how to apply for the refund of priority service fees refund. In there email May 2020, they confirmed that they will refund the priority fee.

Kind Regards

Refunds will be given automatically. If they informed you within the timeframe of the priority applications that your application was complex and will take more time, then you will not be eligible for a refund

Hi Zimba,

They did inform within the time frame about the complexity but they also mentioned that they will refund the fees for priority element. I don't know, whether will refund or not. Is there any email to contact the relevant department.

Kind Regards

They will not refund it as per the table in the guide:

-	Application type	Action
Application is excluded from the SLA due to being deemed to be complex	Priority and Super/Priority Visa	No Refund

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

Hi Zimba,

Thank you for your response.

Please see below their email. Biometrics was done on 13 May at 9:30 am and email was received on 18 May at 20:24. Do you think I should contact them?

Dear Customer

Thank you for your application for permission to stay in the UK. Although we would normally decide your application within five working days from the date of you appointment, unfortunately this is not going to be possible in your case.
This is because your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision.
I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible.
We will refund the priority element of the fee you paid (the difference between the cost of making a standard application and a priority application).
We expect to make a decision on your application soon but we will write to you again if this is not going to be possible.

Thanks

You should not rely on communications with UKVI. They may not be accurate. As I showed you there will be no refund. You can contact them if you wish