Can the ILR residence period calculated from the application

[ELANILR2017]

Dear Immigration Gurus,
I am looking for your help to understand my scenario and guide me to submit my visa application.
Currently I & my 2 kids are living as PBS dependents to my wife. Our current visa valid till 2nd July’17. My wife got her British Passport in Nov-2015 under Tier-1 general 5 year route. I & kids couldn’t apply for ILR along with my wife in 2014 because of the 9-Jul-2012 policy.

Though we all moved to UK in 2009, me & kids entered UK under Tier-2 (ICT) and my wife with Tier-1 (Gen) and all 3 of us switched as dependents to my wife from 16-Aug-2012 from UK Visa Application Centre Bangalore. For this visa switching, we have submitted our dependents application on 27th July, 2012 and have the email confirmation from visa4uk@fco.gov.uk

Since we moved as my wife’s dependent, we have to serve 5 years of probationary period for settlement. Can we consider the application submission date of 27-Jul-2012 as reference and apply for ILR 28 days prior to that date? Please confirm

Details for your reference:

Main Applicant : British Citizen since Nov-2015
Dependents current visa : PBS Dependents valid till 02-Jul-17
Date of dependent application submission : 27-Jul-2012 (Online application)
Appointment@ visa4uk, Bangalore : 06-Aug-2012
Dependents Visa validity : 16-Aug-12 till 02-Jul-17

Much appreciate your earliest reply and tons of thanks in advance

[CR001]

No you cannot use the visa application or visa start date. For PBS Dependents, your residence period starts on the date of ENTRY to the UK and as you don't state the date you entered as Tier 1 General dependent, I cannot comment further.

[ELANILR2017]

Hi CR001,

Thanks for your reply.

We have entered into UK as PBS dependents on 02-Sep-2012.

I remember reading one post in this forum that confirmed Home Office can consider the application submission date. Please confirm my residence period start data again.

As we are living in this country for 8 years and having all co-habitation documents since 2009, will it worth to apply for ILR with a premium appointment in PEO?

Many thanks for your reply

[CR001]

We have entered into UK as PBS dependents on 02-Sep-2012.

You will qualify for ILR no sooner than within 28 days of 2nd September 2017. There is no way of getting around this.

I remember reading one post in this forum that confirmed Home Office can consider the application submission date. Please confirm my residence period start data again.

This is ONLY relevant to a main Tier 1 General or Tier 2 General visa holder. It does not apply to dependents.

As we are living in this country for 8 years and having all co-habitation documents since 2009, will it worth to apply for ILR with a premium appointment in PEO?

No, your application will fail and you will lose the fee of £2,887 (for each applicant). You are required to have 5 years residence as a PBS Dependent. Your ICT main visa period you had cannot be combined to make up 5 years. It can only be used for ILR based on 10 years long residence.

[ELANILR2017]

Thanks CR001.

Please can you clarify the below queries?

1. Our dependent visa stamping date is 16-Aug-2012. Can't we take this date as reference residence period start date?

2. What is the earliest date of applying ILR for our scenario?

3. If we apply for another PBS extension say for instance by 1st of July, and home office will send acknowledge by 14th July still we have couple of weeks for ILR eligibility. Please advice how & when to vary my PBS extension application. (otherwise I have to spend extra money for ILR extension in another 2 months

Thanks again

[zimba]

Why are you repeating yourself ???
You were advised that the specified date for ILR under PBS dependant route is the DATE OF ENTRY TO THE UK
You can apply ONLY after 5 years minus 28 days, from the DATE OF ENTRY TO THE UK

[ELANILR2017]

Thanks Zimba.

If it is based on the entry date, then we are getting eligibility only from 6th Aug.

If I apply for PBS dependents through post on 30th of Jun( current visa valid till 2nd Jul), what could be the possibility of varying my application to ILR after 6th Aug ( 36 days after postal application).

If we get letter for biometric roughly after 2 weeks ( around 15th of July), can we proceed and submit our biometrics?

Would it be possible to vary our application to ILR after submitting biometrics for PBS dependents?

Much appreciate if you could throw some light on the varying process.

Thanks in advance

[zimba]

Yes. You can vary it to ILR later when eligible.

[ELANILR2017]

Thanks Zimba.

Sorry to pester you.

Please let me know the process for varying a postal application. Or else if there is any existing thread about this process, kindly share it.

Many thanks again

[zimba]

Apply with a new form as normal, add any extra documents with a covering letter requesting a variation of your application