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ILR Eligibility Query

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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tier1_london
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ILR Eligibility Query

Post by tier1_london » Tue Jan 03, 2017 12:39 pm

My wife got her PBS Dependent Visa initially on 22/09/2014 valid until 11/12/2016 ( this date was my Tier 1 visa expiry date. I am now on an ILR). We applied for her visa renewal end of November by post. We have since received the BRP for a visa for 3 years, but the issue date is 20/12/2016. So there is a gap of 9 days. Should I be worried about this and will it affect ILR eligibility (continuous residence of 5 years)?

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CR001
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Re: ILR Eligibility Query

Post by CR001 » Tue Jan 03, 2017 12:57 pm

tier1_london wrote:My wife got her PBS Dependent Visa initially on 22/09/2014 valid until 11/12/2016 ( this date was my Tier 1 visa expiry date. I am now on an ILR). We applied for her visa renewal end of November by post. We have since received the BRP for a visa for 3 years, but the issue date is 20/12/2016. So there is a gap of 9 days. Should I be worried about this and will it affect ILR eligibility (continuous residence of 5 years)?
No and No
Char (CR001 not Casa)
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tier1_london
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Re: ILR Eligibility Query

Post by tier1_london » Tue Jan 03, 2017 1:37 pm

Thanks CR001.

ayotade
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Re: ILR Eligibility Query

Post by ayotade » Wed Jan 04, 2017 8:24 pm

tier1_london wrote:My wife got her PBS Dependent Visa initially on 22/09/2014 valid until 11/12/2016 ( this date was my Tier 1 visa expiry date. I am now on an ILR). We applied for her visa renewal end of November by post. We have since received the BRP for a visa for 3 years, but the issue date is 20/12/2016. So there is a gap of 9 days. Should I be worried about this and will it affect ILR eligibility (continuous residence of 5 years)?
HI, I like to clarify something about your question as I am in a similar situation. When she renewed her visa, did she get an ILR dependent visa or renewed on your former Tier 1 visa? If she got an ILR dependant, does it mean that the days she spent as a dependant of Tier 1 will be carried over to the days she will spend on ILR visa.

Thanks and looking forward to your reply,

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CR001
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Re: ILR Eligibility Query

Post by CR001 » Wed Jan 04, 2017 8:55 pm

ayotade wrote:
tier1_london wrote:My wife got her PBS Dependent Visa initially on 22/09/2014 valid until 11/12/2016 ( this date was my Tier 1 visa expiry date. I am now on an ILR). We applied for her visa renewal end of November by post. We have since received the BRP for a visa for 3 years, but the issue date is 20/12/2016. So there is a gap of 9 days. Should I be worried about this and will it affect ILR eligibility (continuous residence of 5 years)?
HI, I like to clarify something about your question as I am in a similar situation. When she renewed her visa, did she get an ILR dependent visa or renewed on your former Tier 1 visa? If she got an ILR dependant, does it mean that the days she spent as a dependant of Tier 1 will be carried over to the days she will spend on ILR visa. No! You cannot combine the time as PBS Dependent if you switch to ILR dependent. If you switch to ILR dependent, your clock starts again from zero and a new 5 year residence period before qualifying for ILR.

Thanks and looking forward to your reply,
Please continue in your existing topic in Tier 2 sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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