Timing of application for ILR

[hayderm]

Hi,
I would appreciate help regarding confusion of my ILR application process.

I was granted Tier 2(General) visa along with my wife and son on 15/10/2013. I entered in UK on 31/10/2013 and therefore qualify to apply for ILR on 10/2018. However, My wife and son entered UK on 18/01/2014.
Now my question is, can they be part of my ILR application as dependent?

In two sets of home office guidance (Tier 2 policy guidance and Calculating continuous period in UK ) it is mentioned that time between issuing entry clearance and entering UK, may be counted towards qualifying period for ILR. This can be counted towards allowable absence which is 180 days in every 12 months.

Am I right in thinking that my wife's absence of 93 days in first year is countable towards the 180 day allowable absence and therefore, she can apply with me?
Many Thanks.

[cyclina1]

Hi,
I would appreciate help regarding confusion of my ILR application process.

I was granted Tier 2(General) visa along with my wife and son on 15/10/2013. I entered in UK on 31/10/2013 and therefore qualify to apply for ILR on 10/2018. However, My wife and son entered UK on 18/01/2014.
Now my question is, can they be part of my ILR application as dependent? Yes they can.

In two sets of home office guidance (Tier 2 policy guidance and Calculating continuous period in UK ) it is mentioned that time between issuing entry clearance and entering UK, may be counted towards qualifying period for ILR. This can be counted towards allowable absence which is 180 days in every 12 months. Yes. this is correct.

Am I right in thinking that my wife's absence of 93 days in first year is countable towards the 180 day allowable absence and therefore, she can apply with me? Yes. She can apply with you. And, all absence doesn't count before 11 Jan 2018.
Many Thanks.

[hayderm]

Thanks.

Is there any rule that, for counting absence, entry clearance stamp and actual entry has to be with in 90 days.
Although, I cannot see any such comment in the guidance.
This issue is coming, as one of the officer from UKVA helpline commented this over phone, when asked regarding my case.
Would appreciate your opinion in this regard.

Also, I am advised to apply for ILR and extension of leave( as PBS dependent) for my wife and son !!

[CR001]

Thanks.

Is there any rule that, for counting absence, entry clearance stamp and actual entry has to be with in 90 days.
Although, I cannot see any such comment in the guidance.
This issue is coming, as one of the officer from UKVA helpline commented this over phone, when asked regarding my case.
Would appreciate your opinion in this regard.

Also, I am advised to apply for ILR and extension of leave( as PBS dependent) for my wife and son !!

There is no longer a 90 day rule.

[hayderm]

When was this rule then? What's the basis of home office staff to tell me this?
I am really confused to take decision about applying together or applying extension for wife just for one month.

[CR001]

Rules was removed a couple of years ago. That aside, prior to this rule being removed, it was however NOT applicable to PBS Dependents anyway. It only applied to PBS main visa holders.

The call centre is outsourced to a third party and they are well known for giving incorrect advice and they take no responsibility for it either.