Post
by FKO » Fri Jun 01, 2018 1:50 pm
Hi,
Currently I am holding General Tier 2 Visa (since 2013) and I will apply for my ILR by end of June (when I complete the 5 years' qualifying period). Hopefully to get my ILR sorted ou by July/August 2018.
My wife is currently under PBS dependent and I am planning to apply for her ILR by December 2018 (when she completes the 5 years period - in accordance to her Entry Clearance which was in Jan/2014).
Quick question: although her Entry Clearance was jan/2014, she just came to UK by march/2014 (so a gap of 70 days in total between validation and entry). From what I understood, she can apply for ILR 28 days before the Entry Clearance, which means somewhere in december 2018.
However as the gap between the date she really came to UK and her visa clearance application was 70 days (several weeks). I was wondering if applying by December/2018 could be a problem. If I consider her Entry Clearance date she completes the 5 years (4 years and 11 months to be precise) by December 2018, however if I consider the real date she came to UK (march/2014) it would be approximatelly 4 years and 9 months by December 2018).
I thought it was fine, however I just read the SET(O) Guidance, section 5 (When to Apply) and found the following statement:
'If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.'
This term 'several weeks or more' is not very precise, therefore I don't know if 70 days gap between entry clearance and real travel is acceptable. Currently I am counting the 5 years based on her Entry Clearance date and not the date she really came to UK. I hope this is fine.
Please could you advise?
Thanks
Regards