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PBS Dependant 30 days short for ILR
Posted: Mon Mar 26, 2018 7:16 pm
by Sal123
Following are the dates for visa issued.
Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018
I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.
Your response is much appreciated.
Thanks
Re: PBS Dependant 30 days short for ILR
Posted: Mon Mar 26, 2018 10:41 pm
by zimba
For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded
Re: PBS Dependant 30 days short for ILR
Posted: Tue Mar 27, 2018 8:01 am
by CR001
zimba88 wrote: ↑Mon Mar 26, 2018 10:41 pm
For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded
Date of visa issue per 11 January changes.
Re: PBS Dependant 30 days short for ILR
Posted: Tue Mar 27, 2018 1:33 pm
by zimba
Re: PBS Dependant 30 days short for ILR
Posted: Tue Mar 27, 2018 2:08 pm
by lanrezy
zimba88 wrote: ↑Mon Mar 26, 2018 10:41 pm
For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded
My apologies if this get to you wrongly but why do you keep giving wrong advice on this issue.
You have been corrected twice or more since the change have been made.
I believe that you are an experienced one on this forum and can keep track of things.
Cheers
Re: PBS Dependant 30 days short for ILR
Posted: Tue Mar 27, 2018 5:07 pm
by zimba
Read the link I posted. The claim that visa issue date can be considered
still contradicts with the immigration rules under paragraph 319E requiring the dependant and the migrant '
must have been living together in the UK' for the ILR continuous period. This is the requirement that HO enforced for years for PBS dependants (visa entry date must be taken into consideration) and
remains unchanged. My advice was based on 319E
The only thing that hinted at any change was that the ILR continuous calculation period guide can now be used for dependents too. As immigration rules are privileged over material over guides, 319E still remains contradictory. I was not aware of the successful case until I saw one reported, so it it might be that the 319E is not being enforced or is being interpreted differently.
Re: PBS Dependant 30 days short for ILR
Posted: Tue Mar 27, 2018 10:04 pm
by lanrezy
zimba88 wrote: ↑Tue Mar 27, 2018 5:07 pm
Read the link I posted. The claim that visa issue date can be considered
still contradicts with the immigration rules under paragraph 319E requiring the dependant and the migrant '
must have been living together in the UK' for the ILR continuous period. This is the requirement that HO enforced for years for PBS dependants (visa entry date must be taken into consideration) and
remains unchanged. My advice was based on 319E
The only thing that hinted at any change was that the ILR continuous calculation period guide can now be used for dependents too. As immigration rules are privileged over material over guides, 319E still remains contradictory. I was not aware of the successful case until I saw one reported, so it it might be that the 319E is not being enforced or is being interpreted differently.
I I posted on the forum my real life situation concerning my partner. She used visa issue date. She made her application on March 12. It actually helped another person with appointment on March 13 which was also successful. I believe these scenario is prove enough that visa issue date is now valid and not contradictory.
Re: PBS Dependant 30 days short for ILR
Posted: Wed Mar 28, 2018 8:07 pm
by Sal123
Thanks for the replies
Please advise me on the real question, how do I apply for ILR ?
Following are the dates for visa issued.
Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018
I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.
Your response is much appreciated.
Thanks
Re: PBS Dependant 30 days short for ILR
Posted: Wed Mar 28, 2018 10:18 pm
by lanrezy
Sal123 wrote: ↑Wed Mar 28, 2018 8:07 pm
Thanks for the replies
Please advise me on the real question, how do I apply for ILR ?
Following are the dates for visa issued.
Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018
I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.
Your response is much appreciated.
Thanks
You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately
Re: PBS Dependant 30 days short for ILR
Posted: Thu Mar 29, 2018 5:04 pm
by Sal123
lanrezy wrote: ↑Wed Mar 28, 2018 10:18 pm
You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately
When I apply by post on 21/04/2018 for ILR, is it valid application ?
Re: PBS Dependant 30 days short for ILR
Posted: Thu Mar 29, 2018 10:12 pm
by lanrezy
Sal123 wrote: ↑Thu Mar 29, 2018 5:04 pm
lanrezy wrote: ↑Wed Mar 28, 2018 10:18 pm
You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately
When I apply by post on 21/04/2018 for ILR, is it valid application ?
It will be valid. But try and post it some days before 21/04/2018 to be on a safe side. It will still take some days before its processed.