Dependant Date for caluclating ILR requirement

[qusai67]

Hi,
I'm new to this and trying to have a clear answer on this so could you please be patient with me.

My Tier 2 (General) Visa for me and my dependents issued on 1/4/2013 and I entered the UK on 1/5/2013 while my dependents followed me on 26/7/2013.

Reading through the HO guidance for (Indefinite leave to remain: calculating continuous period in UK) it stated the following: "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 relevant 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."

The statement didn't differentiate between the main applicant and his/her dependents. So my understanding that I will be able to apply for ILR for the whole family up to 28 days before 1/4/2018 (after 4/3/2018). Is that correct?

If for my dependents it is the date of ENTRY to the UK that starts the residence period, Can you guide me to the immigration rule that states that?

Thanks

[CR001]

What you have quoted in your post is for MAIN PBS visa holders.

For dependents it is the date of entry and the rules state PBS dependents require 5 years residence to qualify for ILR.

See 319E(d)(ii)(b) in the link below

https://www.gov.uk/guidance/immigration ... ly-members

[qusai67]

Thanks CR001 a lot for your fast response. I really appreciate that.

I read that rule (319E(d)(ii)(b)) carefully and it highlights the continuous unbroken 5 years period set out in paragraph 245AAA(a)(i) to (iii). Which is the same period set out for the main applicant.
319E repeats many times: "at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant"

What do you think?

[CR001]

That is only applicable IF your spouse has 5 years residence at that point, which your spouse won't have.

You seem to be missing the 'OR' in each paragraph stating the 3 options.

By all means, go ahead and apply at the time, it will be refused for your spouse due to not meeting the 5 year residence requirement.