28 Days Rule for Tier 1 (G) Dependents post July 2012 Rule

[zahidm]

Hi Gurus/Moderators,
Needed your advice. I belive, I am posting it in the Right Forum.

Just wanted to confirm when can Tier1 (G) Dependents apply for an ILR based on the following dates:

Visa Granted: 1st March 2013
Entry to UK: 23 March 2013

I am sure they would be requiring 5 Years to Stay after Rules Changed in July 2012.

I needed to know on which date 28 days rule gets applied? Is it date of landing? Or Date of visa stamping? Which of the following dates would make my dependents eligible for ILR?

A. 28 Days Before Initial Visa Grant Date: (i.e. 28 days before 1st March 2018)
B. 28 Days Before Initial Entry to UK : (i.e. 28 days before 23rd March 2018)

I am sure that there is a rule in place that binds Tier 1 Main Applicant to be in UK within 90 Days so that the ILR counter starts from the date of issuance of Visa. Does the same apply to Tier 1 (G) Depeneds as well

Kindly confirm please?


Regards,

[Amber]

From 28 days before 23rd March 2018.

[zahidm]

Hi Amber,

Thanks for your kind reply. I tried to find the supporting UKBA Link which conforms with this statement i.e. "From 28 days before 23rd March 2018". But unable to find any.

All I could find is: Continusous Period for the applicant of Tier 1 (General): which does not differentiate between the Tier 1 (General) as the main applicant or the Dependant.

Indefinite leave to remain: calculating continuous period in UK - Page 22 - Link is given below:

https://www.gov.uk/government/uploads/s ... eriods.pdf

"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation."

Can you kindly confirm any UKBA source or any link which provides continuous period calculation for Tier 1 (G) Dependents Post July 2012 Rules change.


Looking forward for your kind support.

BR/

[Amber]

PBS dep and PBS applicant rules are different.

The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

Pages 2 and 3 of the guidance stipulates what categories are covered! I don't see PBS deps, do you?