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Tier 2 General to ILR - Dependants' Eligibility

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

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Echoes
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Tier 2 General to ILR - Dependants' Eligibility

Post by Echoes » Tue Apr 18, 2017 4:34 pm

Hi,

I will be applying for ILR based on 5 years on Tier 2 General visa in March 2018. I am a bit unsure about my wife and children's eligibility date. Our timeline is as follows:

Entry Clearance issued for the family: 24 April 2013
Main Applicant entered UK: 26 May 2013
Dependants entered UK: 09 July 2013

Considering the 28 day early application rule and 90 day entry concession, I believe I will be eligible by 27 March 2018. My question is, can I include my dependants in the same ILR application or will they have to wait until 09 July 2013 ?

Many thanks

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Re: Tier 2 General to ILR - Dependants' Eligibility

Post by CR001 » Tue Apr 18, 2017 4:55 pm

No you cannot include your dependents. The start of their qualifying period is the date they ENTERED the UK, so they will only qualify within 28 days before 9th July 2018.
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Re: Tier 2 General to ILR - Dependants' Eligibility

Post by Echoes » Tue Apr 18, 2017 5:03 pm

Thank you for clarifying that, CR001. Has this rule been changed recently or has it always been the case?

My understanding was the visa issue date starts the qualifying period for both the main applicant and dependants.

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Re: Tier 2 General to ILR - Dependants' Eligibility

Post by CR001 » Tue Apr 18, 2017 5:10 pm

imumtaz wrote:Thank you for clarifying that, CR001. Has this rule been changed recently or has it always been the case?

My understanding was the visa issue date starts the qualifying period for both the main applicant and dependants.
It has always been the case, no change. Visa start date is for main PBS migrant only. Dependents need 5 years residence, not 4 years and 2 months for example.
Char (CR001 not Casa)
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Re: Tier 2 General to ILR - Dependants' Eligibility

Post by Echoes » Tue Apr 18, 2017 5:17 pm

Many thanks for responding and for correcting me.

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