Tier 2(Gen) dependent - ILR calculating continuous period

[raykum29]

Dear Gurus/Mods

My first post here! Can you please advise on the following related to my partner's ILR eligibility -

Main application -
T2 general visa issue date - 13/05/2012
5 years completed legitimately in May'17 (absences well within 180 days limit) - Already eligible for ILR

Partner -
Date of visa issue - 02/08/2012
Date entered UK - 08/09/2012
Absences - 20 days per year (approx 100 days over 5 years)

Based on the above , can you please advise on the below queries as both of us would like to apply for ILR together?

1.When is the earliest date my partner can apply for ILR?
Is it 28 days prior to 'Date of visa issue' or 'Entry date in the UK' for the partner ?

2) How is the 5 year qualifying period for the partner determined? Does the 5 year period in partner's case commences from the date she entered the UK which in this case is calculated from 08/09/2012 ?

3.Please point me to any guidance notes on gov.uk that explains ILR continuius period calculation for Tier 2 (Gen) dependents?

Kindly advise.

Thanks in advance.
Ray

[zimba]

You can apply after 5 years minus 28 days, from the date of your initial visa.
However your dependant can only apply after 5 years minus 28 days, from the initial date of entry to the UK

[marcnath]

When did your partner apply for the visa ?

Depending on that, your partner may only need 2 years in the UK, not 5 years.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

[raykum29]

You can apply after 5 years minus 28 days, from the date of your initial visa.
However your dependant can only apply after 5 years minus 28 days, from the initial date of entry to the UK

Thanks for the clarification zimba88 , much appreciated.

[raykum29]

When did your partner apply for the visa ?

Depending on that, your partner may only need 2 years in the UK, not 5 years.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

Thanks macrnath for your response. My partner applied before 9th July 2012 hence fall under the 5 year route.

[CR001]

When did your partner apply for the visa ?

Depending on that, your partner may only need 2 years in the UK, not 5 years.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

Thanks macrnath for your response. My partner applied before 9th July 2012 hence fall under the 5 year route.

If your partner applied BEFORE 9th July 2012, then it is the 2 year route. What date did your partner apply?

[raykum29]

When did your partner apply for the visa ?

Depending on that, your partner may only need 2 years in the UK, not 5 years.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

Apologies for the typo ..partner applied after July'12
Thanks macrnath for your response. My partner applied before 9th July 2012 hence fall under the 5 year route.

If your partner applied BEFORE 9th July 2012, then it is the 2 year route. What date did your partner apply?

[CR001]

Your partner qualifies no sooner than within 28 days before 8/9/2017, the date partner entered the UK.