Clarification on ILR eligibility

[testinfo]

Hello Board members,

I have few question on my ILR eligibility, which is due in JULY 2018

Initial Tier-2 Dependent visa stamped in August 2013
First entry to UK after 33 days initial visa stamping date.

Year: 1,08/ 2013 - 08/2014. (I was out of UK for 192 days in 2014 because of post-delivery issues.)
Year: 2,08/2014 - 08/2015.
Year:3,08/2015 - 08/2016.
Year:4,08/2016 - 08/2017.
Year:5,08/2017 - 08/2018


now i have below questions,

1. Will my first visa stamp date (August 2013) consider as start date of 5 years route to ILR?
2. Are there any objections on my outside UK days (192 days) in 2014?
3. Am i right that i will be eligible to apply ILR in August 2018?


FYI, i never had any breaks in VISA, even during my outside UK time (I still hold valid VISA).

Many thanks.

[zimba]

1. Will my first visa stamp date (August 2013) consider as start date of 5 years route to ILR?

No, for dependents it is the date of entry to the UK

2. Are there any objections on my outside UK days (192 days) in 2014?

No

3. Am i right that i will be eligible to apply ILR in August 2018?

Yes, you can apply within 28 days from completing your 5 years in the UK (from the date of first entry)

[testinfo]

Many thanks Zimba88 for the quick reply.

On point:2 - Are there any objections on outside UK days (192)?
Do i need to provide any evidence (letter from GP) when i go for ILR in August 2018 as part of application?


Thanks.

[testinfo]

As other board member mentioned in other thread, i'm posting my another question here

My initial Tier-2 Dependent visa stamped in August 2013.
As of now i spent 4 years 5 months on Tier-2 dependent (08/2013 - 01/2018) and my current visa (Tier-2 dependent valid till Jan-2019)

Last week (jan 2018) my Husband ILR (through Tier-2 General) approved and we are not sure on how my VISA will impact from here.

1. Can i stay on my current Tier-2 dependent VISA until August 2018 to be eligible for ILR?
2. Or , Do i need to apply new visa based on my husband ILR? if yes, will my previous time in uk count toawrds ILR as part of 5 years?

Thanks.

[CR001]

1. Yes.

2. No and No.

[naveediiqbal]

1. Will my first visa stamp date (August 2013) consider as start date of 5 years route to ILR?

No, for dependents it is the date of entry to the UK

2. Are there any objections on my outside UK days (192 days) in 2014?

No

3. Am i right that i will be eligible to apply ILR in August 2018?

Yes, you can apply within 28 days from completing your 5 years in the UK (from the date of first entry)

For response to question 1, if its not now from the visa issue date / grant date instead of entry date? Based on new changes in dependent rules. Zimba please advise

[zimba]

For response to question 1, if its not now from the visa issue date / grant date instead of entry date? Based on new changes in dependent rules. Zimba please advise

No. The rule changes affected the absences requirement and only for PBS dependants whose visas granted after 11 Jan 2018

[naveediiqbal]

For response to question 1, if its not now from the visa issue date / grant date instead of entry date? Based on new changes in dependent rules. Zimba please advise

No. The rule changes affected the absences requirement and only for PBS dependants whose visas granted after 11 Jan 2018

Why it was mentioned in document "Calculating continuous period"

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12 month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.

[zimba]

You are right. The new rules make this paragraph apply to PBS dependants too

[testinfo]

So coming to my,
Question:1, what is the start date for my ILR, is it August 2013 (Visa start date) or September 2013 (First entry to UK)?
Question: 2 - Do i need to provide any evidence for 192 out of UK days?

Thanks.

[CR001]

1. Aug 2013

2. No.

[testinfo]

Thanks CR001 for the quick reply.

When i look into new guidelines for "Indefinite leave to remain: calculating continuous period in UK", page 8 is not clear to me.
https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

180 whole days absence:

No more than 180 days’ absences are allowed in a consecutive 12 month period.
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days.


PBS dependants

You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
Page 9 of 18 Published for Home Office staff on 11 January 2018
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.


Any clear explanation on my scenario?

Thanks.

[CR001]

The absence rule for PBS Dependents is not applicable to you as your visa is pre 11 Jan 2018.

[naveediiqbal]

You are right. The new rules make this paragraph apply to PBS dependants too

Thanks, I that's why I was worried if I have mis interpreted as I had checked directly to the source document. Thanks for clearification

[testinfo]

Thanks for the quick reply and clarification.

[testinfo]

Hello members,

Further on this question,

1. When me and my daughter apply for ILR in September 2018, do "i or my husband" need to show any funds in UK Bank account as part of application to support?

Thanks.

[CR001]

Hello members,

Further on this question,

1. When me and my daughter apply for ILR in September 2018, do "i or my husband" need to show any funds in UK Bank account as part of application to support?

Thanks.

No.

[testinfo]

Many thanks CR001 for the quick reply.