2 months 6 days short in 5 years for ILR

[asub81]

Hello Experts

My wife's current Tier2 depedent visa expiring on 19th June 2018.
She arrived in UK on 18th Oct 2013 after getting visa on 27th August 2013.
If I calculate her time period from 27th Aug 2013 to 19th June 2018 then it comes 4 years, 9 months, 24 days including the end date.

It's not exactly 5 year when her visa expires.

Can anyone tell me, if she can go for ILR instead of FLR(M) route?

Many thanks in advance.

[CR001]

Her 5 years for ILR starts counting from the date she ENTERED the UK and NOT the visa start date. She can apply for ILR no sooner than within 28 days before 18th October 2018.

On what basis did you get ILR, 5 years PBS route or 10 years long residence route?

Why do you think she might have to apply on FLR(M)??

[asub81]

Thanks for your reply CR001.

I obtained ILR on long residence 10 year rule.

I was also counting from 18 Oct 2013 but I saw following paragraph on this document then start counting from 27th August 2013.

https://www.gov.uk/government/uploads/s ... -v15.0.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 alculation.

And the reason why i think to apply under FLR(M) becasue one of my friend got ILR two years ago on completing 10 years. He used FLR(M) for his wife.

Do you know any other category under which she can apply to extend her leave to remain till she complete 5 years?

Many thanks in advance

[CR001]

What you are quoting only applies to main PBS visa holders and NOT dependents.

She doesnt qualify for ILR as a PBS dependent.

As you got ILR based on long residence, she must change to FLR(M) which will be a new 5 year residence period (2 x 2.5 year visas) before she qualifies for ILR.

She cannot use her time as PBS dependent to make up 5 years.

[asub81]

oh no!!!.
It's only for main applicant not for dependents.
That's a big disaapointment for me.
I was thinking this might be last major application for her but doesn't look like.

Just thinking about my youngest child, we are looking to submit MN1 application for her.

Is there any rule which can allow my wife to extend her stay as a permanent guardian becasue of the child and when 5 year finish. She apply for ILR?

[makky86]

oh no!!!.
It's only for main applicant not for dependents.
That's a big disaapointment for me.
I was thinking this might be last major application for her but doesn't look like.

Just thinking about my youngest child, we are looking to submit MN1 application for her.

Is there any rule which can allow my wife to extend her stay as a permanent guardian becasue of the child and when 5 year finish. She apply for ILR?

No. Since you switched to ILR from 10 years route so she cannot be on pbs-dependant anymore. She'll has to switch to FLR and complete another 5 years.

But if she completes 10 years before 5 years on FLR she can apply based on Long residecny.

[CR001]

Is your child UK born?

There is not quicker way for your wife to get ILR now due to you applying for long residence ILR and not PBS route based on 5 years residence. She will have to switch to FLR(M) and wait another 5 years.

[asub81]

Yes, I have 2 kids. Both born in UK and before I got ILR.

Oldest one got British Citizenship certificate few months back after submitting MN1 application.

But still need to apply for youngest one.

I think, I should start collecting supporting documents for FLR(M) application

[ramimpdocs1]

Rules are changed for PBS Dependent on 12th Jan 2018. Now considering the Visa issued date instead of UK entry date if the dependent entered into the UK with in 3 months. Earlier this is applicable only for main applicant and now it is for dependents also.

[vinny]

If OP obtained ILR under Long residence, then OP's spouse is ineligible for ILR as a PBS dependant. Unfortunately, the changes do not apply.

[ramimpdocs1]

Thanks for the inputs Venny.