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Tier 2 General Start Dates for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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thevocalmonk
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Posts: 55
Joined: Thu May 24, 2018 1:02 pm
India

Tier 2 General Start Dates for ILR

Post by thevocalmonk » Thu Jul 12, 2018 7:49 pm

Hi all,

- I am moving to the UK on 2nd September '18 on a 5-year Tier 2 General visa (with visa start date = 2nd September '18). My visa will expire on 1st September '23.
- My wife (Tier 2 PBS dependent) plans to travel 15 days after me, on 17th September '18 (with visa start date = 17th September '18).

Q.1 >> In the above case, as my wife is a dependent, her visa will expire on 1st September '23 (i.e. along with the main applicant). Is this understanding correct?

As per gov.uk, for an ILR application, a partner needs to be living with the main applicant for at least 5 years
"they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012"

In the above example, my wife would be short of the 5 year mark by 15 days (due to her delayed entry date).

In this situation:
A) I would apply for ILR before 1st September '23.
B) My wife can't apply for ILR before 17th September '23.

Q.2 >> Can my wife extend her Tier 2 Dependent visa to cover the time between 1st Sep and 17th Sep?
Q.3 >> If we have to avoid the above extension, is there any way apart from having the same entry date on Tier 2 General visa?

I appreciate my questions are about an event in the distant future, but if you can answer based on the current rules (which I understand might change), it will be really useful.

Thanks

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CR001
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Re: Tier 2 General Start Dates for ILR

Post by CR001 » Thu Jul 12, 2018 8:16 pm

As the rules stand now, you both would qualify within 28 days before reaching 5 years from visa start date.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

thevocalmonk
Junior Member
Posts: 55
Joined: Thu May 24, 2018 1:02 pm
India

Re: Tier 2 General Start Dates for ILR

Post by thevocalmonk » Fri Jul 13, 2018 4:27 am

Ok thanks CR001.

Reading through other posts on this forum, I found that the ILR continuous period (5 years), starts from visa start date and not UK entry date. I couldn't find official documentation citing this though. Can someone please help with a link to that?

Will my wife's dependent visa expire on the same date as my Tier 2 General visa? (Even if her visa starts 15 days after mine?)

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