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date to submit our application for indefinite leave to remain
Posted: Mon Oct 10, 2022 11:07 pm
by tonycastle2000
Hi,
I am holding a Tier 2 visa (data of approval: 18 / December/2017); I entered the UK on 10 /January/2018.
My husband holds a dependent tier 2 visa (he entered the UK on 30/April /2018).
My question is:
Can my husband and I submit the applications for indefinite leave to remain together on 20/November 2022?
My concern is: my husband (dependent tier 2 visa) arrived in the UK later than the main applicant ( I am the main applicant for a tier 2 visa).
Thank you.
Re: date to submit our application for indefinite leave to remain
Posted: Tue Oct 11, 2022 6:25 am
by CR001
What date was your husband's visa initially issued?
The qualifying period starts from visa issue date, not the date of arrival in the UK.
Re: date to submit our application for indefinite leave to remain
Posted: Tue Oct 11, 2022 8:52 am
by tonycastle2000
CR001 wrote: ↑Tue Oct 11, 2022 6:25 am
What date was your husband's visa initially issued?
The qualifying period starts from visa issue date, not the date of arrival in the UK.
many thanks for your reply.
The visa issue date for my husband (dependent tier 2 visa) is: 25/March/2018.
The expiration date for our tier 2 visa (including my husband and me) is 23/January/2023.
Re: date to submit our application for indefinite leave to remain
Posted: Tue Oct 11, 2022 9:11 am
by contorted_svy
Your husband will become eligible on the 25 March 2023, so he can apply 28 days before that day.
You will become eligible on the 18 December (and so can apply on the 20 November), but it's a 4 months difference.
When there is only a month difference it is OK to apply and book the biometrics appointment as late as possible (you have 45 calendar days to attend the appointment) so that by the time the application gets to the caseworker you are eligible for ILR.
The Home Office allows to apply earlier and then consider a favourable date for your qualifying period but I don't know if 3-4 months is acceptable.
He could apply on the 22 January (before his visa expires) and book biometrics in early March - his rights would be protected by Section 3C so he wouldn't be an overstayer while his ILR decision is pending.
Re: date to submit our application for indefinite leave to remain
Posted: Tue Oct 11, 2022 10:48 am
by tonycastle2000
Thank you very much for your help.
So, the best time for us to submit our applications together (my husband and I) for indefinite leave to remain is 22/January/2023. Is it correct?
I greatly appreciate your help.