PBS Dependant Counting ILR eligibility

[Vish15]

Hello Moderator

I would like to know PBS Dependant ILR eligibility

I got ILR recently through tier 2 route and she got her PBS Dependant visa.

She came to UK on 1st June 2014 on Tier 2 dependant visa stamped from 19th May 2014.

Now she got PBS Dependant visa valid till Oct 2021.

So she can apply for ILR from 21st April 2019 or 4th May 2019.

Please update me on this

Thank you in advance

[CR001]

You start counting from her visa issue date and she can apply no sooner than within 28 days before that date.

[ntt05r]

Hi CR001,

Is your answer based on the following in this guidance (https://www.gov.uk/government/publicati ... riod-in-uk) ?

Absences which will not break continuity in the continuous period

This section tells you when absences will not break continuity when calculating if the continuous period requirement has been met.

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.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[Vish15]

Thank you CR001.