PBS Dependent ILR visa need advice

[immig007]

Hi All,

I am posting this message, so that i can get some advice from members on my below point and confirm my understanding.

My wife came to UK on Tier 1 dependent visa, Her Entry clearance visa was stamped on 03 Jan 2013 and she entered UK on 16 Jan 2013. Her PBS Dependent visa was renewed earlier this year is valid till 2020.


Below given is 5 year table calculations as per the guidance, if we want to apply ILR on 11 Dec 2017.

Date of application: 11-Dec-17

Year 1 10-Dec-17 11-Dec-16
Year 2 10-Dec-16 11-Dec-15
Year 3 10-Dec-15 11-Dec-14
Year 4 10-Dec-14 11-Dec-13
Year 5 10-Dec-13 11-Dec-12

Note that she will have 23 days gap in start of 5th Year which is inside the 28 days gap allowed.

Using the latest UK home office guidelines for ILR, can we apply her ILR on 11th Dec 2017 instead of wating till 19th Dec 2017 i.e. 5 years on date of entry in UK - 28 days

Please advise.

Your help is highly appreciated.

Regards,
KK

[CR001]

Using the latest UK home office guidelines for ILR

Which PBS dependent guidance is that??

Depends 5 year residence start from date of ENTRY to the UK and not from date of visa start.

She can apply no sooner than WITHIN 28 days before 16th January 2018.