Tier 2 Dependant to ILR 10 year route

[KomalAbhi]

Dear All,

Both me and my husband complete 10 years in the UK in August 2017 and would like to apply for ILR under the 10 year route. I attach our visa records for the last 10 years. I would be grateful if you the highly experienced could confirm if we are both eligible for ILR under the 10year route. Or would my husband need to spend another 5 years as my partner before applying for ILR?

Husband's Visa records:
Visa Category Valid From Valid Until Home office Decision
1 Student Visa 01/08/2007 01/12/2008 Successful
2 Student Visa 17/09/2008 31/01/2010 Successful
3 Tier 1 (PSW) NA NA Rejected
4 Tier 1 (PSW) 15/07/2010 15/07/2012 Successful
5 Tier 2 (General) 20/07/2012 29/01/2013 Successful
6 Tier 2 (General) 16/03/2013 29/01/2016 Successful
7 Tier 2 (General) 13/02/2016 30/04/2016 Successful
8 PBS Dependant 28/04/2016 14/11/2016 Successful
9 PBS Dependant 31/10/2016 14/11/2017 Successful

My visa records:
Visa Category Valid From Valid Until Home office Decision
1 Student Visa 01/08/2007 30/10/2008 Successful
2 Student Visa 13/08/2008 28/02/2011 Successful
3 Tier 1 (PSW) NA NA Rejected
4 Tier 1 (PSW) 12/07/2010 12/07/2012 Successful
5 Tier 2 (General) 24/08/2012 14/03/2013 Successful
7 Tier 2 (General) 09/04/2013 14/03/2014 Successful
8 Tier 2 Partner 17/10/2013 29/01/2016 Successful
9 PBS Dependant 13/02/2016 30/04/2016 Successful
10 Tier 2 (General) 28/04/2016 14/11/2016 Successful
11 Tier 2 (General) 31/10/2016 14/11/2017 Successful

Very much looking forward to valuable advice
Kind Regards,
K

[CR001]

What was the reason for the PSW rejection or refusal?

Was it appealed and won?

[KomalAbhi]

The PSW was refused because our bank letters did not state that the funds were maintained for 3 months. We did not appeal but made a fresh application instead. Is that a problem? Does it break the continuity of our residence?

Also, the PSW applications were made in India. So at no point we were in the UK without a valid visa.

[CR001]

What date did you and spouse leave the UK before applying for PSW?

What date did you and spouse re enter the UK after successful PSW application in home country?

What are your and spouse's absences from the UK in the 10 years?

[KomalAbhi]

What date did you and spouse leave the UK and with which visa and expiry date?
We left UK on 28.1.10 (on student visa) and the visa was due to expire on 31.01.10 ( for my husband) and 28.02.2011(for me).

What date did you and spouse re enter the UK?
We re-entered on 22.07.2012 with a successful PSW.

What are your and spouse's absences from the UK in the 10 years?

Absence record for husband:
28/05/2008-08/09/2008: 103 days
28/01/2010-22/07/2010: 175
10/11/2012-02/12/2012: 22
03/11/2013-30/11/2013: 27
06/03/2014-10/03/2014: 4
24/05/2014-27/05/2014: 3
28/12/2014-19/01/2015: 22
07/03/2015-10/03/2015: 3
16/05/2015-18/05/2015: 2
17/07/2015-26/07/2015: 9
17/04/2016-13/05/2016: 26
03/08/2016-08/08/2016: 5
Total number of days absent from the country: 401

Absence Record for me:

28/05/2008-08/09/2008: 103
14/10/2009-27/10/2009: 13
28/01/2010-22/07/2010: 175
19/10/2011-12/11/2011: 24
10/11/2012-02/12/2012: 22
13/10/2013-30/11/2013: 48
06/03/2014-10/03/2014: 4
24/05/2014-27/05/2014: 3
28/12/2014-19/01/2015: 22
07/03/2015-10/03/2015: 3
16/05/2015-18/05/2015: 2
17/07/2015-26/07/2015: 9
10/10/2015-24/10/2015: 14
17/04/2016-13/05/2016: 26
03/08/2016-08/08/2016: 5
Total number of days absent from the country: 473

[CR001]

On what date do you plan to apply for ILR?

Based on this date, you need to calculate your absences counting backwards in 12 month cycles.

For example, assuming application on 2nd August:

2nd August 2017 - 3rd August 2016
2nd August 2016 - 3rd August 2015
etc

[KomalAbhi]

We are applying on 24th of August and our date of 1st entry was 17/08/2007.

So does that mean they will calculate for me as
17/08/2016 16/08/2017 0
17/08/2015 16/08/2016 14+26+5=45
17/08/2014 16/08/2015 22+3+2+9=36
17/08/2013 16/08/2014 48+4+3=55
17/08/2012 16/08/2013 22
17/08/2011 16/08/2012 24
17/08/2010 16/08/2011 0
17/08/2009 16/08/2010 175+13=198
17/08/2008 16/08/2009 8
17/08/2007 16/08/2008 95

In which case I wont be given the ILR because my total stay in year 17/08/2009-16/08/2010 is 198 days (split-175+13) even though I was not absent for more than 180 days at any time?

[CR001]

You can already apply as you can apply within 28 days before reaching 10 years long residence.

Absence is fine as long no single absence for either of you.

[KomalAbhi]

"Absence is fine as long no single absence for either of you"

What does this mean?

[CR001]

Sorry, should say no single absence of 180 days or more.