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settlement (ILR) - Dependant application question

Posted: Fri Mar 29, 2019 9:11 am
by nguptagla
I have a particular situation that I need some guidance on:

1. I'm living in the UK from June 2011. I arrived with employer sponsored visa and on 25 August 2014 (Visa Start date) my other half moved to T2G and I changed to PBS dependant leave to Remain.
Q A) I understand that the eligible date for ILR application for main applicant now is 28 days before visa expiry/5 years on T2G? (This should be 29th July 19 based on Visa start of 25/08/14?)
Q B) PBS dependant visa was applied from within the UK and the BRP says start date as 29th Sept. I must have applied the visa by post on 12 Sept 14. Now can I apply the ILR for dependants by post either same time on 29 July or before August 25 that being dependants visa expiry date aligned to the primary applicant's T2G expiry?
The situation is unique since the dependants have applied from within UK and technically, the 28 days rule is falling short of 3 days.

Thanks for you help.

Re: settlement (ILR) - Dependant application question

Posted: Fri Mar 29, 2019 9:29 am
by CR001
Q A) Correct, your residence start from initial visa issue date.

Q B) Your dependents DO NOT qualify to apply for ILR when you do in July. Their residence clock starts from their PBS Dependent visa ISSUE date and they can apply online no sooner than within 28 days before this date.

Re: settlement (ILR) - Dependant application question

Posted: Sun Mar 31, 2019 1:15 pm
by nguptagla
Thank you CR001. For some reason I wasn't able to post reply to any posts.

I understand that the residence clock starts from the issue of Visa and I just realised that the dependant application was made on 29th Sept 2014 and granted the same day. That leaves us 3 day short of eligibiliy period of 28 days What's the best course of action in this scenario?
I have been advised by home office immigration helpline to include a cove letter explaining the situation.

Does it make any difference that the dependants have been living in the UK since 2011 and switched to Tier 2 PBS dependant on 29 Sept 14 within the UK? In this case, what should be the response to Question re the first arrival date in the UK? T2 PBS start 29/09/14 or first arrival date of June 2011 given that the dependants have switched from within the UK make the 8 years count towards elibility?

Cheers

NG