Immigrationboards.com

Hello,

Can you please let me know what day is used for 5 year starting period for:

1. Skilled worker sponsored person

2. His PBS dependant wife and child

To the best of my understanding I believe that Skilled worker start date is visa issue date. Is this the visa they got in their passport?

For PBS dependants I found two different opinions:

Here, on post 6 it is explained that for PBS dependant it is from date of entry:

indefinite-leave-to-remain/work-visa-to ... 37136.html

However, here it is said that it is from the visa stamp date:

indefinite-leave-to-remain/ilr-qualifyi ... 38407.html

Can someone confirm which date should be used as start for both the skilled worker and for their family?

Thanks!

It is visa start date for both.

Post 6 in the first link dora5 not say date of entry for pbs dependents. It specifically refers to spouse visa which is a different visa category completely

CR001 wrote: ↑

Mon Jan 08, 2024 9:53 pm

It is visa start date for both.

Post 6 in the first link dora5 not say date of entry for pbs dependents. It specifically refers to spouse visa which is a different visa category completely

Amazing, thank you!

So to clarify, as long as skilled worker and their dependant wife and child enter UK within the 90 days of visa being issued (which is the validity of passport visa), their start date will be the issue date?

To further clarify, if their situation is:

Visa issued 29.12.2023.
Arrival date: 11.3.2024.

Their start date will be 29.12.2023.

Their ILR qualifying period will be 28 days before 29.12.2028. so around 1.12.2028.

Finally, since they arrived about 70 days after visa start date, they should not spend more than 110 (ish) days outside of the UK in year one since on rolling basis from 29.12.2023. to 29.12.2024. will be important not to spend more than 180 days outside of the UK in order for year 1 to be valid for ILR.

Is all of the above correct?

There is no year 1.

It is any 12 month rolling period, not a fixed date period.

I understand that (it was the same for me and my wife), however if visa is issued on 29.12.2023. then rolling period starts from that day?

To clarify 1 year rolling period means all of the above:

29.12.2023. - 29.12.2024.
30.12.2023. - 30.12.2024.
1.1.2024 - 1.1.2025.
.
.
.
.
.
15.8.2026-15.8.2027.
etc

However, since visa is issued on 29.12.2023. and they will come about 70 days later, does it mean that on rolling basis, they should spend less than 110 days abroad until 29.12.2024. in order starting date of 29.12.2023. to qualify?

No, it is simply ANY 12 month period, not x date to x date. ANY 12 month period regardless of dates.

The rolling basis calculation means that you cannot have more than 180 days’ absences in ANY consecutive 12-month period. So in theory, if you choose any RANDOM date within the 5 year period and add 12 months to that date, that is your 12-month consecutive period and you should not have more than 180 days of absence in that period.
So let's choose 11th March 2021. Your 365 days period will be from that date to 11th March 2022. In this period you cannot have more than 180 days of absence. Again, let's choose 12th March 2021. Your 365 days period will be from that date to 12th March 2022. In this period you cannot have more than 180 days of absence. and so on