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Residency start date - Vignette Transfer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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richardk8
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Residency start date - Vignette Transfer

Post by richardk8 » Sat Oct 24, 2020 11:17 pm

Hello,

My wife is on a Tier 2 dependent visa. She was not able to enter the UK on the original vignette. She applied for a vignette transfer and entered the UK 2-3 months later. The start date on her BRP is based on the date on the second vignette.

For the purposes of the continuous residency test. Does the date start on the original vignette or the second one?

If it is the first, then she can treat the gap as an allowable absence. She would still be well within the 180 days outside of the UK per year so no problems there.

If it is the second, is the right path to ILR to extend the Tier 2 dependent visa and then apply for ILR a few months later?

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zimba
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Re: Residency start date - Vignette Transfer

Post by zimba » Mon Oct 26, 2020 12:25 pm

ILR qualifying period starts from the initial visa approval date. The date on the BRP is irrelevant as a BRP/visa cannot be backdated
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

richardk8
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Re: Residency start date - Vignette Transfer

Post by richardk8 » Thu Oct 29, 2020 11:08 pm

Visa approval date or earliest date allowed to enter the UK on the visa? - and the start date of the first vignette.

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zimba
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Re: Residency start date - Vignette Transfer

Post by zimba » Thu Oct 29, 2020 11:19 pm

richardk8 wrote:
Thu Oct 29, 2020 11:08 pm
Visa approval date or earliest date allowed to enter the UK on the visa? - and the start date of the first vignette.
Visa approval date. If you have a letter or visa then it will be the earliest date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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