The 180 days rule for ILR for PBS dependents

[benhuang]

Dear CR001 and other seniors,

Thank you for all your previous inputs. I really appreciated it.

Recently, I read about the application for ILR guidelines. It talks about the 5 years leading to ILR.. it says like this..."you can include the time between your entry clearance being granted and you entering the UK as part of the continuous period"

Q1. What does it mean by entry clearance being granted?
(Note: My wife, being the main applicant, applied for initial Tier-1 entrepreneur migrant visa in early October 2015 and she received a letter dated 19/10/2015 from UK Visas & Immigration stating that "Your application for a UK visa has been successful...."
so does it mean the entry clearance being granted to her was on 19/10/2015? and she could use this date to count as part of the continuous period?

Q2.As Tier 1 dependants, the husband (me) and the 2 kids applied as Tier 1 dependants in early November 2015 and got the similar approval letter dated 26 November 2015. If my understanding to Q1 is correct, then does my wife has to start counting the continuous period from 26/11/2015 so that all the 4 persons will have achieve the 5 years period at the same time on 26/11/2020?

Q3. Referring to the ILR guidelines..."you entering the uk"--- does it mean the date of first entry into the UK?

Q4. If my understanding to Q3 is correct, then our date of first entry into Uk was 7/1/2016 and it has no relevance on the continuous period. Am i correct?

I look forward to hearing from you and all the experienced seniors.

Thank you in advance.

kind regards

Ben

[CR001]

Q1. Date the visa was issued and the start date/valid from date in the visa vignette.

Q2. Same as Q1 above for dependants, visa vignette valid from date.

Q3. Date of entry is irrelevant.

Q4. Correct, however for the main PBS visa holder, the days between visa valid from date and entry to the UK counts as absence.

[aby00156]

I had similar question like you have.
indefinite-leave-to-remain/ilr-for-depe ... l#p1822839

I have got my ILR on TIER 2 and my wifes as my PBS dependant.

Hope my thread helps.

[benhuang]

Dear CR001,

Thank you for your reply.

I have checked all our visa vignettes, it is valid from 5/1/2016 to 4/2/2016. This was the 30 days given to us to enter UK and within 10 days of first arrival, we shall and had collected BRP. (Note: the date of first entry to UK is 7/1/2016).

So in this case, the valid and start date for the " 5 years continuous period" is from 5/1/2016 to 5/1/2021 and if I less 28 days, that means, both the main applicant and the 3 dependants can apply for ILR on 9/12/2020.

Please confirm as I want to get this right.

Thank you.

Kind regards

Ben

[benhuang]

Dear CR001,

Regarding your reply as follows:

Q4. Correct, however for the main PBS visa holder, the days between visa valid from date and entry to the UK counts as absence.

My questions are:
4.1 you only mentioned about main PBS visa holder, what about for the 3 dependants? would those period be treated as absence as well?

4.2 Since the change of rules regarding "not more than 180 days absence from the UK for ILR applications" in Jan 2018, i thought any absences before Jan 2018 will be ignored as our initial Tier visa was expired on 5/5/2019 and this includes the days between visa valid from date and entry to the UK??

Thank you.

Kind regards

Ben

[benhuang]

Dear aby00156,

Thank you for your comment as well.

I will revert once i am ready.

Regards

Ben

[benhuang]

Dear CR001,

I am still waiting for your reconfirmation of the following.....Please help.....

Regarding your reply as follows:

Q4. Correct, however for the main PBS visa holder, the days between visa valid from date and entry to the UK counts as absence.

My questions are:
4.1 you only mentioned about main PBS visa holder, what about for the 3 dependants? would those period be treated as absence as well?

4.2 Since the change of rules regarding "not more than 180 days absence from the UK for ILR applications" in Jan 2018, i thought any absences before Jan 2018 will be ignored as our initial Tier visa was expired on 5/5/2019 and this includes the days between visa valid from date and entry to the UK??

Thank you.

Kind regards

Ben

[benhuang]

Dear CR001 and other senior members,

I am still waiting for the reconfirmation of my previous post.....Please help.....

Thank you in advance.

Kind regards

Ben

[CR001]

The same rules apply to Dependent. There is no need to list the absence between visa issue date and entry for dependents!!

[benhuang]

Dear CR001,

Noted your comments, thank you very much

Kind regards

Ben

[benhuang]

I had similar question like you have.
indefinite-leave-to-remain/ilr-for-depe ... l#p1822839

I have got my ILR on TIER 2 and my wifes as my PBS dependant.

Hope my thread helps.

Dear aby00156,

Yes, i have gone through the link highlighted by you. It is similar and helpful.

Thank you and appreciated your help.

Regards

Ben

[benhuang]

The same rules apply to Dependent. There is no need to list the absence between visa issue date and entry for dependents!!

Dear CR001,

We ,the main applicant and the 3 dependants, have the following in common:

1.Visa start date: 5/1/2016
2. first entered UK (arrival) 7/1/2016

Q1. So the absence for all of us is 2 days or 3 days ?
Q2. Is The day of arrival or the day of departure UK considered as absent from UK?

Thanks

Ben

[zimba]

The same rules apply to Dependent. There is no need to list the absence between visa issue date and entry for dependents!!

Dear CR001,

We ,the main applicant and the 3 dependants, have the following in common:

1.Visa start date: 5/1/2016
2. first entered UK (arrival) 7/1/2016

Q1. So the absence for all of us is 2 days or 3 days ?
Q2. Is The day of arrival or the day of departure UK considered as absent from UK?

Thanks

Ben

This has been repeated many many times now. Dependants whose visa was issued before 11 Jan 2018 have NO absence limit. Only FULL days count towards absence calculations

[benhuang]

Dear Zimba,

Thank you for your response and comment. I fully understood.

However the day of arrival and departure is still applicable to me as a dependant as I fly back and forth between UK and Malaysia even until today. So my question is how to treat the day of arrival in or departure from UK after 11/1/2018?

Thank you again.

Kind regards

Ben

[zimba]

Dear Zimba,

Thank you for your response and comment. I fully understood.

However the day of arrival and departure is still applicable to me as a dependant as I fly back and forth between UK and Malaysia even until today. So my question is how to treat the day of arrival in or departure from UK after 11/1/2018?

Thank you again.

Kind regards

Ben

ONLY full days count. FULL DAY means 24 hours outside the country. So the date of arrival and departure do NOT count. When you enter the date of departure and arrival on the form, it automatically calculates the full days between the dates and excludes the days of arrival and departure

[benhuang]

Dear Zimba,

Thank you for your response and comment. I fully understood.

However the day of arrival and departure is still applicable to me as a dependant as I fly back and forth between UK and Malaysia even until today. So my question is how to treat the day of arrival in or departure from UK after 11/1/2018?

Thank you again.

Kind regards

Ben

ONLY full days count. FULL DAY means 24 hours outside the country. So the date of arrival and departure do NOT count. When you enter the date of departure and arrival on the form, it automatically calculates the full days between the dates and excludes the days of arrival and departure

Dear Zimba,

Thank you for your reply.

I want to make sure I understood what you have just clarified.

1. Departed UK on 17/7/2019,
2. Arrived UK on 29/8/2019

I counted absence from the uk as follows:

from 18/7 to 31/7 = 14 days
from 1/8 to 28/8= 28 days
Total absence in UK = 42 days (ignoring the day of departure and arrival)----am I correct in this calculation??

And you mentioned the form I have to key in the dates, where can i get the form? is it the online form that forms part of the SET (O)?

Thank you in advance.

Regards

Ben

[zimba]

Yes correct. This is when you are filling the SET(O) online application. Each absence period is entered separately.

[benhuang]

Zimba,

Thank you and appreciated.

Every year, i leave Uk 2 to 3 times and each trip is for a period of 1 to 2 months, I think it is quite a straight forward calculation of days of absence from the UK. Do you think i need to fill up an Excel template of absence from UK as someone has suggested on this online forum? or just fill up the relevant field of SET (O) is sufficient?

Question #2, my 2 employees have been with us since 15/10/2017 and hopefully, they will be with us until 5/1/2021 (the 5 years anniversary date). So do i have to submit the full 2 years pay record (payslip + FPS)? or I remember i read else where from this forum, i only need to submit the 12 months pay record from Jan2020 to December 2020?

Question #3
Applying the 28 days rule, am i correct to say I can apply on 8/12/2020?


Note:
I foresee to submit ILR on 8/12/2020

Thank you....thank you....

Regards
Ben

[marcnath]

Zimba,

Thank you and appreciated.

Every year, i leave Uk 2 to 3 times and each trip is for a period of 1 to 2 months, I think it is quite a straight forward calculation of days of absence from the UK. Do you think i need to fill up an Excel template of absence from UK as someone has suggested on this online forum? or just fill up the relevant field of SET (O) is sufficient?

Question #2, my 2 employees have been with us since 15/10/2017 and hopefully, they will be with us until 5/1/2021 (the 5 years anniversary date). So do i have to submit the full 2 years pay record (payslip + FPS)? or I remember i read else where from this forum, i only need to submit the 12 months pay record from Jan2020 to December 2020?

Question #3
Applying the 28 days rule, am i correct to say I can apply on 8/12/2020?


Note:
I foresee to submit ILR on 8/12/2020

Thank you....thank you....

Regards
Ben

1 - just the form is fine.
2 - you only need to submit the minimum needed to satisfy the conditions. So ANY 12 months for each job. It might be a good idea to add a couple of months more just in case you have a mistake with a document - but you don't need to,
3. Is it 8th or 9th ? Anyway somewhere around there

[benhuang]

Dear Marcnath,

Thanks a lot.

I asked out of curiousity, does it matter if i really make a mistake by 1 or 2 days in applying the 28 days rule? Will HO reject my application just because of that?

Regarding the cohabitation documents, we have the following:

1.Wife (Main applicant) : Tenancy agreement (joint names), monthly bank statements (joint names), quarterly utility bill (own name)
2.husband (dependant): tenancy agreement & monthly bank statements same as (1) above
3.Son 1 (dependant): monthly bank statements (own name), hospital appointment letters, college letter
4. Son 2 (dependant): monthly bank statements (own name) & college letter

Could you comment whether the cohabitation documents for each person is sufficient? If it is not enough, could you suggest what other documents that may be relevant?

Thank you.

Regards

Ben

[marcnath]

Dear Marcnath,

Thanks a lot.

I asked out of curiousity, does it matter if i really make a mistake by 1 or 2 days in applying the 28 days rule? Will HO reject my application just because of that?

Regarding the cohabitation documents, we have the following:

1.Wife (Main applicant) : Tenancy agreement (joint names), monthly bank statements (joint names), quarterly utility bill (own name)
2.husband (dependant): tenancy agreement & monthly bank statements same as (1) above
3.Son 1 (dependant): monthly bank statements (own name), hospital appointment letters, college letter
4. Son 2 (dependant): monthly bank statements (own name) & college letter

Could you comment whether the cohabitation documents for each person is sufficient? If it is not enough, could you suggest what other documents that may be relevant?

Thank you.

Regards

Ben

There is no strict "28 days" rule. You can apply on any date between 28 days before visa expiry and the actual visa expiry date. You have choice of 28 days that you can choose.

1) Children do not need cohabitation documents unless they are above 18 yrs and if they are, they possibly need other documentation
2) The requirement is "Evidence provided should cover the whole period and be in the form of official letters or documents .." from three different sources spread over the period of 2 years. A Tenancy agreement is not exactly one of those. So, you seem to be short of documentation but I am not sure how critical it is.

[benhuang]

Dear marcnath,

Thank you for your reply.

Qn 1
I am quite confused regarding the tenancy agreement. May I know why some where in this online forum states tenancy agreement as being one of the cohabitation documents? As I always fly back and forth between Uk and my home country, inevitably there are not many official letters/ documents issued in my name. I do not break the 180 days absence rule and It is genuine that we are a family living in the UK. In this situation, any suggestion from you as to how to rectify this problem?

Qn2
May I know my bank/ credit card statements from different banks are considered as one source or 2 sources?

Qn3
My 2 kids turn 18 in May 2020 and I foresee to apply for ILR on the 8th or 9th December 2020. So how to deal with the cohabitation documents for them as they halfway turn 18?


Thank you.

Regards

Ben

[marcnath]

Dear marcnath,

Thank you for your reply.

Qn 1
I am quite confused regarding the tenancy agreement. May I know why some where in this online forum states tenancy agreement as being one of the cohabitation documents? As I always fly back and forth between Uk and my home country, inevitably there are not many official letters/ documents issued in my name. I do not break the 180 days absence rule and It is genuine that we are a family living in the UK. In this situation, any suggestion from you as to how to rectify this problem?

Qn2
May I know my bank/ credit card statements from different banks are considered as one source or 2 sources?

Qn3
My 2 kids turn 18 in May 2020 and I foresee to apply for ILR on the 8th or 9th December 2020. So how to deal with the cohabitation documents for them as they halfway turn 18?


Thank you.

Regards

Ben

1. Yes, statements from different banks are considered different sources. Drivers licence is generally another good one. Council tax is quite common too.
I can't comment on what others say. And I am not saying tenancy agreement is not a cohabitation document. It is just my opinion that it is not an "official" document.
But there are no clear definitions of this in the immigration rule and I think HO is capable of making an informed decision based on documents you submit.

2. They still don't need cohabitation documents. Read the guidance - it is just to show they are not independent and I don't think that is an issue if they have just turned 18

[benhuang]

Dear marcnath,

Thank you.

I take note of your comment on cohabitation documents.

Based on the comments thus far, regarding the cohabitation documents, we have the following:

1.Wife (Main applicant) : monthly bank statements from Bank A (joint names), monthly bank statements from Bank B (joint names), quarterly utility bills (this is also joint names)
2.husband (dependant): Same as wife's documents as they are all joint names.
3.Son 1 (dependant): No need such documents as just turn 18, but I would still submit his monthly bank statement
4. Son 2 (dependant): No need such documents as just turn 18, but I would still submit his monthly bank statement

Based on the documents above, I would think that we have sufficient cohabitation documents for ILR application.

Please confirm!

Thank you once again

Kind regards

Ben

[benhuang]

Dear marcnath and other senior members,

While waiting for your confirmation of Cohabitation documents, I have some other questions.

Do I need to submit the following when applying ILR (from Tier 1):

Qn1. To submit audited financial statements for the 2 years?
Qn2. To prove investment of 200K pounds still in the business?
Qn3. Since we had submitted all our previous passports to HO at the last visa extension, i presume now we only have to submit the current ones, is that right?

I look forward to hearing from you.

Thank you.

Ben