PBS dependent ILR qualifying period calculation

[Ayub]

My spouse is on a tier 2 dependent visa. She got her entry clearance on 20/03/13 and she entered UK on 03/06/2013. Given the recent clarification on PBS dependent qualifying period calculation for ILR, I assume she will eligible for ILR after 20/02/18. Is that right? She is currently working as a doctor in NHS and she got the required bands in ielts (academic version) in 2015. will that ielts suffice for her ILR application or will she need to take SELT?
Note: I have already got ilr.

[lanrezy]

Yes. she can apply from 20/02/2018.

[vinny]

See also KoLL.

[Ayub]

Does anyone know of a case where a PBS depedent has successfully applied for ILR based on the date, "entry clerance" was issued and not actual arrival in UK?

[Ayub]

Can somone please clarify what the below text taken from home office "ILR guidance" means? Does this mean that the period between grant of entry clearnce and actual entry into UK does not not count towards the 180 allowable absence for PBS dependents? Will appreciate your input.


"PBS dependants
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave Page 8 of 18 Published for Home Office staff on 11 January 2018
granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018."

[srivisaN]

Hi Ayub,

Did you already booked the appointment, when are you planning to apply.

Thanks,
Sri.

[Ayub]

Appointment booked on 05/04/18 but I am planning to reschedule it as I had orginally calculated my ILR eligibility based on entry clearnce date.This paragraph in the home office ILR guidance has made me confused and concerned.

[srivisaN]

Check this, also wait for senior's comments

uk-tier-1-general-visas/tier-1-g-depend ... 02-20.html

[Ayub]

Link is broken...?

[srivisaN]

Sorry about the broken link, this is what I read in below post, it might help you.

uk-tier-1-general-visas/tier-1-g-depend ... 02-20.html

Indefinite leave to remain: calculating continuous period in UK wrote:
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 continuous 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 calculation.

[lanrezy]

Does anyone know of a case where a PBS depedent has successfully applied for ILR based on the date, "entry clerance" was issued and not actual arrival in UK?

If this might help, My PBS dependant have got an appointment on Monday march 12.
She will be using her Visa Issue date as part of the continous period.
I will update by the end of the day.

Cheers

[Ayub]

Hey Ianrezy
Thanks for your kind reply. It would definitely help.
Kind regards

[rohinivr]

Hi Ian,

I am also in the same situation, i have got my appointment on 13th March, please do let me know how your application goes. I am thinking of having a tier 1 dependent appointment in place as back up option a my visa is due to expire

Regards,
Rohini

[lanrezy]

As promised, this is the feedback for ILR based in Tier 2 Dependant using Visa Issue date.
It was successful.

Visa Issue Date: 08-04-2013
Entry Date: 27-04-2013
Expiry Date: 25-03-2018
Applied for ILR: 12-03-2018 (27 Days before 5 years).

It took approximately 2 hours.

Best of Luck

[rohinivr]

Thanks very much for your prompt reply. It helps. I will let you know how mine goes tomorrow.

[rohinivr]

Here you go, ILR Tier 1 Dependant using Visa Issue date was successful.

Visa Issue Date: 24-02-2013
Entry Date: 31-05-2013
Expiry Date: 21-03-2018
Applied for ILR: 13-03-2018

[lanrezy]

Here you go, ILR Tier 1 Dependant using Visa Issue date was successful.

Visa Issue Date: 24-02-2013
Entry Date: 31-05-2013
Expiry Date: 21-03-2018
Applied for ILR: 13-03-2018

Congrats!!!

[lanrezy]

Hey Ianrezy
Thanks for your kind reply. It would definitely help.
Kind regards

You have 2 recent examples now to give you a rest of mind.

Best of luck

[srivisaN]

Hi rohinivr,

Congratulations, how was your the appointment today ? was it quick .. any issues you faced ?

[Ayub]

Thanks Guys. You have really been amazing. I really appreciate your support. Will go for my appointment as scheduled now.
Cheers!!

[iubus2005]

Hi Ayub,
Any update on your application ?

[Ayub]

Hi Sorry for late reply.
ILR was granted and it took them only two hours to process the application.
Thanks everyone for your help and guidance.

[shinhwa]

As promised, this is the feedback for ILR based in Tier 2 Dependant using Visa Issue date.
It was successful.

Visa Issue Date: 08-04-2013
Entry Date: 27-04-2013
Expiry Date: 25-03-2018
Applied for ILR: 12-03-2018 (27 Days before 5 years).

It took approximately 2 hours.

Best of Luck

Here you go, ILR Tier 1 Dependant using Visa Issue date was successful.

Visa Issue Date: 24-02-2013
Entry Date: 31-05-2013
Expiry Date: 21-03-2018
Applied for ILR: 13-03-2018

Hi Sorry for late reply.
ILR was granted and it took them only two hours to process the application.
Thanks everyone for your help and guidance.

Hi, congratulations guys!

May I just kindly ask did your dependants filled in their SAT(o)s - 「Section 6 - 6.1」 with the entry date or visa valid date?

Because of "6.1 When did you (the main applicant) first enter UK? This refers to the date you entered UK at the beginning of the period of stay on which of this application is based." , I really get confused about the start of the qulifying period.

I just need some more detailed experiences from you. Thank you very much!

[lanrezy]

Hi, congratulations guys!

May I just kindly ask did your dependants filled in their SAT(o)s - 「Section 6 - 6.1」 with the entry date or visa valid date?

Because of "6.1 When did you (the main applicant) first enter UK? This refers to the date you entered UK at the beginning of the period of stay on which of this application is based." , I really get confused about the start of the qulifying period.

I just need some more detailed experiences from you. Thank you very much!

Are you applying together or your partner is applying alone?

(a)If both of you are applying together, Only you will fill that and that will be
1. If you converted to PBS within the UK,the beginning of your PBS Visa.
2. If you applied outside UK, your arrival date.

(b)If she is applying alone assuming you already have ILR, then she will fill in her arrival date.

Home office will do the calculation and clarification based on the own guidance.

Best of luck.

[shinhwa]

Hi, congratulations guys!

May I just kindly ask did your dependants filled in their SAT(o)s - 「Section 6 - 6.1」 with the entry date or visa valid date?

Because of "6.1 When did you (the main applicant) first enter UK? This refers to the date you entered UK at the beginning of the period of stay on which of this application is based." , I really get confused about the start of the qulifying period.

I just need some more detailed experiences from you. Thank you very much!

Are you applying together or your partner is applying alone?

(a)If both of you are applying together, Only you will fill that and that will be
1. If you converted to PBS within the UK,the beginning of your PBS Visa.
2. If you applied outside UK, your arrival date.

(b)If she is applying alone assuming you already have ILR, then she will fill in her arrival date.

Home office will do the calculation and clarification based on the own guidance.

Best of luck.

Really thanks a lot for your reply in detail.

My partner will apply for his ILR next week via premium service, which is earlier than mine.

and my status below:

Visa Issue Date: 28-06-2013
Entry Date: 20-08-2013
Expiry Date: 14-07-2018
Earliest applying date for ILR: 23-07-2018 (Is this correct?)

Then unfortunately I have to apply for the extension of my T2 Dependant Visa before 14-07-2018, and then I can apply for ILR if my new visa has delivered, which would roughly be in October. Just such a bad luck to me!