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Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 3:47 pm
by Adilj
Dear valued moderators and members,
Thank you in advance for your input.
Tier 1 Ent Initial: June 2012
Tier 1 Ent 1st Ext: Aug 2015
Tier 1 Ent 2nd Ext: Aug 2017 ( due to absence and breaking continuous residency in 2012)
Tier 1 Ent ILR 5 year route: Applying Next month on basis of 5 years residency.
My wife as a dependent and her visa is expiring in the 18months period.
My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong . Your valuable suggestions and advice will be appreciated.
Kindest regards
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 4:22 pm
by CR001
Tier 1 Ent 2nd Ext: Aug 2017 ( due to absence and breaking continuous residency in 2012)
What do you mean by this? Is this the main applicant or the dependent? Was it an UK extension or a new entry clearance application from abroad?
My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong .
Not if she extends as a PBS Dependent.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 4:31 pm
by Adilj
Dear CR001,
Thank you for the input.
main applicant and dependent applied for a 2nd tier 1 entrepreneur extension in the country.
*My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong .*
Main applicant will be granted ILR, so will she be able to apply extension as PBS dependent at the end of her current visa.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 4:57 pm
by CR001
There is no absence limit for PBS depndents so not sure why you believe she won't qualify for ILR with you.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 4:59 pm
by Adilj
Sorry I missed out
Forgot to mention
Dependent visa granted in May 2016 and entered in June 2016
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 5:01 pm
by Adilj
She will be eligible for ILR in June 2021
Currrent leave will expire in Aug 2019
Which application is she required to complete her time from Aug 2019-June 2021 as main applicant will be on ILR visa in 1-2 months.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 5:16 pm
by CR001
Adilj wrote: ↑Sat Mar 24, 2018 4:59 pm
Sorry I missed out
Forgot to mention
Dependent visa granted in May 2016 and entered in June 2016
Alwayse useful to post the exact details you are asking about as this was not stated in your original post.
If you apply for ILR based on 5 years residence, she can continue to extend her PBS Dependent visa until she qualifies for ILR. The rules permit this.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 5:35 pm
by Adilj
Dear CR001,
Sorry and thank you for sharing valuable information.
If you apply for ILR based on 5 years residence, she can continue to extend her PBS Dependent visa until she qualifies for ILR. The rules permit this.
two last questions.
1.Can you please provide the source for the above information if possible for my understanding as i cannot find it.
2.Please advice which form will she use again to extend her stay in Aug 2019?
God bless you CR001, you are a hero for all of us.
Re: Tier 1 Ent applying for ILR, Dependent query
Posted: Sat Mar 24, 2018 6:52 pm
by CR001
1. Immigration Rules Part 8 - PBS Dependents
immigration-for-family-members/dependan ... 14832.html
2. Tier 1 Dependent form.
Calculating Continuous residency under new rules
Posted: Mon Apr 30, 2018 2:19 pm
by Adilj
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.
I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,
Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.
Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18
Thank you in advance
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 1:01 am
by zimba
Under the new rules, you cannot have ANY period of absence that was more than 180 days throughout the 5 year period.
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 9:30 am
by marcnath
Adilj wrote: ↑Mon Apr 30, 2018 2:19 pm
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.
I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,
Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.
Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18
Thank you in advance
Yes, 5 years is still counted back from your application date.
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 12:35 pm
by Adilj
marcnath wrote: ↑Tue May 01, 2018 9:30 am
Adilj wrote: ↑Mon Apr 30, 2018 2:19 pm
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.
I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,
Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.
Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18
Thank you in advance
Yes, 5 years is still counted back from your application date.
Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 12:59 pm
by marcnath
Adilj wrote: ↑Tue May 01, 2018 12:35 pm
marcnath wrote: ↑Tue May 01, 2018 9:30 am
Adilj wrote: ↑Mon Apr 30, 2018 2:19 pm
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.
I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,
Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.
Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18
Thank you in advance
Yes, 5 years is still counted back from your application date.
Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.
Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 3:40 pm
by Adilj
marcnath wrote: ↑Tue May 01, 2018 12:59 pm
[quote=Adilj post_id=<a href="tel:1629056">1629056</a> time=<a href="tel:1525174504">1525174504</a> user_id=73336]
[quote=marcnath post_id=<a href="tel:1628971">1628971</a> time=<a href="tel:1525163449">1525163449</a> user_id=76145]
[quote=Adilj post_id=<a href="tel:1628625">1628625</a> time=<a href="tel:1525094358">1525094358</a> user_id=73336]
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.
I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,
Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.
Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18
Thank you in advance
Yes, 5 years is still counted back from your application date.
[/quote] Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.
[/quote]
Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period
[/quote] thank you Marnath. So you mean to say they can use any 12 months rolling period to check absence from the date ranges : 02/5/18 going back to 1/5/13 that is 5 years? They won't go beyond this date right ?
Re: Calculating Continuous residency under new rules
Posted: Tue May 01, 2018 3:53 pm
by marcnath
Adilj wrote: ↑Tue May 01, 2018 3:40 pm
marcnath wrote: ↑Tue May 01, 2018 12:59 pm
Adilj wrote: ↑Tue May 01, 2018 12:35 pm
marcnath wrote: ↑Tue May 01, 2018 9:30 am
Yes, 5 years is still counted back from your application date.
Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.
Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period
thank you Marnath. So you mean to say they can use any 12 months rolling period to check absence from the date ranges : 02/5/18 going back to 1/5/13 that is 5 years? They won't go beyond this date right ?
Correct