Immigrationboards.com

Dear Moderators, I would be eligible to apply for ILR under five (05) years stay rule by Feb/March 2022. In order to be ready for the extension application, I have started gathering documents and got a few questions after reading the guidance.

Personal Timeline

1st BRP issue date - 09/03/2017
Entry Clearance Visa date - 16/03/2017
First Entry - 06/04/2017

The guidance says "Your qualifying period can include time from the date of your initial application was approved"

Question: does issue date on BRP considered as date of initial application OR the date on Entry Clearance visa?

Continous Period Calculation

I am a little confused how the absences will be calculated. Here are the dates.

1st BRP issued date - 09/03/2017
1st BRP valid till - 16/07/2020

2nd BRP issue date - 01/09/2020
2nd BRP valid till - 25/08/2022

1st grant of leave period - ??
2nd grant of leave period - ??

Thanks in advance for your guidance.

Use the earliest date on a document you had. For absences, the absences in the first period should be calculated on a yearly basis and after extension, on rolling basis

Zimba wrote: ↑

Sat Sep 11, 2021 3:24 am

Use the earliest date on a document you had. For absences, the absences in the first period should be calculated on a yearly basis and after extension, on rolling basis

Thanks Zimba.

Just for clarification.
1st period of leave = Initial 3 Years & 4 month
2nd period of leave = 2 Years of extension

Right?

This leads to a few questions related to my dependants

I have four (04) dependants

1 x Wife
1 x 12 Years old Child (born in Pakistan)
2 x 3 Years old Child (born in the UK)

Dependants Timeline (UK born children have a different dates on 1st BRP for obvious reasons)

Entry Clearance Visa date - 23/04/2017
First Entry - 22/05/2017
1st BRP issue date - 11/04/2017
1st BRP expiry date - 16/07/2020
2nd BRP issue date - 01/09/2020
2nd BRP expiry date - 25/08/2022

Question#1

Based on my dates, I should be eligible to apply ILR around 10/02/2022 & my dependants (Wife & Pakistan born Child) should be eligible to apply ILR around 13/03/2022.

Is it advisable to apply for the main applicant + dependants at the same time? or is it better to apply for main applicant first and wait for the outcome and then apply for depedants? If I apply by early Februaray then they will still have valid leave to remain for atleast next six (06) months which is usually the processing time of ILR application in most of the cases.

Question#2

What will be their options if my ILR application takes longer than six (06) months and their leave to remain expires during this time?

Question#3

The ILR guidance says the following for Partners eligibility to apply for ILR.

Your partner may qualify if all of the following apply:

- they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
- your relationship is genuine
- you have enough income to support yourselves and your dependants

- In our case, we have council tax and a utility bill in both of our names for the last five (05) years. Is this enought to prove living in the UK with you condition? or do we need some extra proof as well?

- how to provde genuine relationship?

- since ILR doesn't have any maintenance funds requirement, how is the income to support yourselves and your dependants judged? do we submit Self Assessment? OR a bank statement?

just bumping up the post for attention

snt wrote: ↑

Fri Sep 17, 2021 2:27 pm

just bumping up the post for attention

It will be attended to when someone who has the required answer or advice goes through.