Got Elderly Dependent Relative visa. When can we apply BC

[Kingsingh]

Hi , My father has been in UK since April 2012.
We applied for ILR in June 2012 and got his ILR in July 2013.
When can we apply for his BC?
How many days can he go out of UK?
Can he avail NHS services now?
Many thanks.

[Lucapooka]

Confusing in the sense the this category of leave is normally granted as ILE, so it's not entirely clear when the subject entered the UK. There would need to be a five year residence period, with one year free from immigration control to qualify for BC.

[Kingsingh]

Thanks Luca.. He got visa thts al i knw... We applied before ukba closed this category for people from inside UK... So if its ILE.. When wil he get ilr? And cn he get nhs faciity?

[Kingsingh]

He applied from within Uk before July.. So it must be IlR..

[Amber]

If he was in the UK it wouldn't be ILE as he'd already entered, however, if it was ILE or akin, then you are already free of immigration control so the wait would be 5 years from when he arrived subject to absences and the other requirements unless he's the spouse or civil partner of a British Citizen.

[Kingsingh]

Thanks Amber!
So 5 year will start from when he got his ILR not since he entered n a visit visa last year? How much absence is he allowed? Is he allowed NhS ? Many thx...

[Amber]

Thanks Amber!
So 5 year will start from when he got his ILR not since he entered n a visit visa last year? How much absence is he allowed? Is he allowed NhS ? Many thx...

The 5 year will include the visit visa or any stay which was legal, so long as he never overstayed but for some exceptions I.e diplomatic stay. See here (click) for absences. If he's a resident he can have nhs treatment. You should check his visa is ilr if it is was it granted outside the rules?

[Kingsingh]

Thanks Amber... Visitors could apply for ILR before 9th of July and that os what he did.. He got visa as per rules before 9th July... So i suppose he can get NHS treatment?

[Amber]

Yes.