ILR PBS Dependant Application dates

[razzjzz]

Dear Members,

I am currently on Tier 2 General visa and my wife is on a dependant visa. I will be completing my 5 years on the 01/10/2018 and my current visa expires on the 04/11/2018.

I have few questions regarding my wife's ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 17.0) issued by the Home Office.
https://assets.publishing.service.gov.u ... .0-EXT.pdf

Under "Absences which will not break continuity in the continuous period" section it says:
"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...."

"Calculating the specified continuous period":
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Here is my wife's case:
Her visa was first issued in Sri Lanka on the 29/11/2013.
She entered the UK on the 22/02/2014.
Her current Dependant visa expires on the 04/11/2018.(It says we could apply for the ILR 28days before the 5 year completion.)

My questions are:
1. Could we start counting the 5 years from the 29/11/2013?
2. If yes, she will be completing her 5 years on the 29/11/2018 but her current visa expires on the 04/11/2018 but according to the 28days rule, will it be safe to apply on the 01/04/2018 for her ILR?
3. If we can apply 28days in advance, should we apply together on the 01/11/2018 or should I apply first during September and then apply for her separately in November?
4. In the SET(O) application, it says "When did you first enter the UK?", so which date do I give for this if I am applying for ILR based on the issue date?

I contacted two of the lawyers and they said she has to be in the UK for 5 years. I am confused.

Appreciate your response.

Thank you

Regards

razzjzz

[cyclina1]

Dear Members,

I am currently on Tier 2 General visa and my wife is on a dependant visa. I will be completing my 5 years on the 01/10/2018 and my current visa expires on the 04/11/2018.

I have few questions regarding my wife's ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 17.0) issued by the Home Office.
https://assets.publishing.service.gov.u ... .0-EXT.pdf

Under "Absences which will not break continuity in the continuous period" section it says:
"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...."

"Calculating the specified continuous period":
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Here is my wife's case:
Her visa was first issued in Sri Lanka on the 29/11/2013.
She entered the UK on the 22/02/2014.
Her current Dependant visa expires on the 04/11/2018.(It says we could apply for the ILR 28days before the 5 year completion.)

My questions are:
1. Could we start counting the 5 years from the 29/11/2013? yes.

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.

2. If yes, she will be completing her 5 years on the 29/11/2018 but her current visa expires on the 04/11/2018 but according to the 28days rule, will it be safe to apply on the 01/04/2018 for her ILR? Yes.

3. If we can apply 28days in advance, should we apply together on the 01/11/2018 or should I apply first during September and then apply for her separately in November? You should apply first. If rejected, only reject you but not both.


4. In the SET(O) application, it says "When did you first enter the UK?", so which date do I give for this if I am applying for ILR based on the issue date? the date of entry

I contacted two of the lawyers and they said she has to be in the UK for 5 years. I am confused. They are wrong

Appreciate your response.

Thank you

Regards

razzjzz

[razzjzz]

Appreciate your response.
I will update the post back once I apply, so that it will be useful for others.

[razzjzz]

Thank you cyclina1 for your positive reply. Everything went smoothly.

Hi all,

If anyone following this topic, I would like to give an update.
We went for my wife's appointment on the 1st of November to a premium visa centre.
Everything went smoothly. Took less than 2 hours to process the application.
Applied on Thursday and got the BRP on Monday the 5th November.

I can confirm that they are counting the date from the date when the visa was issued on as cyclina1 confirmed earlier.

Good luck with your applications.

[Djsuccess]

Thank you cyclina1 for your positive reply. Everything went smoothly.

Hi all,

If anyone following this topic, I would like to give an update.
We went for my wife's appointment on the 1st of November to a premium visa centre.
Everything went smoothly. Took less than 2 hours to process the application.
Applied on Thursday and got the BRP on Monday the 5th November.

I can confirm that they are counting the date from the date when the visa was issued on as cyclina1 confirmed earlier.

Good luck with your applications.

Congratulations. For the benefits of others in the same situation, can please list the documents you submitted along with the application?

[razzjzz]

Thank you.

1. Appointment booking checklist;
2. Completed and signed SET (O) application form, complete with 2 passport sized photographs
3. Schedule of absences;
4. Letter from husband confirming financial support.
5. Original current passport.
6. Original current Biometric Residence Permit
7. Original Life in the UK test Pass Notification Letter
8. Original degree certificate from UK University (for English language requirement).
9. Original bank statements
10. Original bank statements from the husband, showing the rent going out of the account;
11. Original and copy of husband’s biometric residence permit;
12. Original and copy of husband’s passport;
13. Rental agreement (showing both our names)
14. Birth certificate
15. Marriage certificate and translation.
16. Council tax bills (showing both our names)

Luckily I took my passport and the ILR biometric residence permit with me, and they asked for it even though it was not required. The case worker said, it was mainly to locate my records easily.