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Qualifying Period for Tier 2 Dependant

Posted: Fri Apr 13, 2018 5:23 am
by shinhwa
Hi all, thanks for reading my post.

I am a Tier 2 dependant, who is preparing for ILR application, and getting confused about the "qualifying period" of "5 years".

Since, I found this content below in SET(O) Guidance note:

"you must complete a qualifying period in the UK before you can qualify for settlement. If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period."

So, my understanding is the first day in the "5 years" should be the entry day. But how long does the "several weeks" mean exactly in this paragraph?

However, I also found the content below in https://www.gov.uk/government/uploads/s ... ds-v13.pdf :

"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."

Then, I think the first day of the "5 years" should be the valid date stamped on the visa.

I am now really confused! Because my situation is as:

Visa valid: 28/ 06/ 2013 ( - 28 days: 31/ 05/ 2018)
Entry Date: 15/ 08/ 2013 (-28 days: 18/ 07 2018)
Visa expiry: 14/ 07/ 2018

4 days gap! Kidding me! 😭 If follow the first content I have found, I need to apply an extension visa! Oh no! My money! 😭

Please share your experiences and opinions with me, which would help me make a correct application. Many thanks!

Re: Qualifying Period for Tier 2 Dependant

Posted: Fri Apr 13, 2018 9:31 am
by cyclina1
not surprising if contradicting......

but the caseworker should count the days in favor of the applicant. thus should be counted from your visa valid day.

however in.the form you also.asked.when and how you first arrive the uk. if the cadeworker is not experienced and counts using your first entry day, then you are doomed.

Re: Qualifying Period for Tier 2 Dependant

Posted: Fri Apr 13, 2018 10:57 am
by shinhwa
cyclina1 wrote: ↑
Fri Apr 13, 2018 9:31 am
not surprising if contradicting......

but the caseworker should count the days in favor of the applicant. thus should be counted from your visa valid day.

however in.the form you also.asked.when and how you first arrive the uk. if the cadeworker is not experienced and counts using your first entry day, then you are doomed.
Thank you for the reply.

The last sentence from you made me nervous. 😂

Well, if the caseworker met my application, and made me doomed...😑 can I AP for my case?

Thank you.

Re: Qualifying Period for Tier 2 Dependant

Posted: Fri Apr 13, 2018 11:02 am
by cyclina1
Yes of course.

Sorry to disturb you but how to start counting the qualifying period is also something like the validity of English language test, in some occasion the caseworkers will confuse.