Calculating Continuous residency under new rules

[Adilj]

Dear valued moderators and members,
Thank you in advance for your input.

Tier 1 Ent Initial: June 2012
Tier 1 Ent 1st Ext: Aug 2015
Tier 1 Ent 2nd Ext: Aug 2017 ( due to absence and breaking continuous residency in 2012)
Tier 1 Ent ILR 5 year route: Applying Next month on basis of 5 years residency.

My wife as a dependent and her visa is expiring in the 18months period.

My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong . Your valuable suggestions and advice will be appreciated.

Kindest regards

[CR001]

Tier 1 Ent 2nd Ext: Aug 2017 ( due to absence and breaking continuous residency in 2012)

What do you mean by this? Is this the main applicant or the dependent? Was it an UK extension or a new entry clearance application from abroad?

My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong .

Not if she extends as a PBS Dependent.

[Adilj]

Dear CR001,
Thank you for the input.

main applicant and dependent applied for a 2nd tier 1 entrepreneur extension in the country.

*My solicitor advised to apply ILR alone and apply for the dependent visa extension at the end of her current visa expires, however, I think if I do that her clock will be reset to zero when she will apply for an extension under settlement person. Please correct me if i am wrong .*

Main applicant will be granted ILR, so will she be able to apply extension as PBS dependent at the end of her current visa.

[CR001]

There is no absence limit for PBS depndents so not sure why you believe she won't qualify for ILR with you.

[Adilj]

Sorry I missed out
Forgot to mention
Dependent visa granted in May 2016 and entered in June 2016

[Adilj]

She will be eligible for ILR in June 2021
Currrent leave will expire in Aug 2019
Which application is she required to complete her time from Aug 2019-June 2021 as main applicant will be on ILR visa in 1-2 months.

[CR001]

Sorry I missed out
Forgot to mention
Dependent visa granted in May 2016 and entered in June 2016

Alwayse useful to post the exact details you are asking about as this was not stated in your original post.

If you apply for ILR based on 5 years residence, she can continue to extend her PBS Dependent visa until she qualifies for ILR. The rules permit this.

[Adilj]

Dear CR001,
Sorry and thank you for sharing valuable information.

If you apply for ILR based on 5 years residence, she can continue to extend her PBS Dependent visa until she qualifies for ILR. The rules permit this.

two last questions.

1.Can you please provide the source for the above information if possible for my understanding as i cannot find it.
2.Please advice which form will she use again to extend her stay in Aug 2019?

God bless you CR001, you are a hero for all of us.

[CR001]

1. Immigration Rules Part 8 - PBS Dependents immigration-for-family-members/dependan ... 14832.html

2. Tier 1 Dependent form.

[Adilj]

Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.

I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,

Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.

Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18

Thank you in advance

[zimba]

Under the new rules, you cannot have ANY period of absence that was more than 180 days throughout the 5 year period.

[marcnath]

Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.

I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,

Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.

Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18

Thank you in advance

Yes, 5 years is still counted back from your application date.

[Adilj]

Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.

I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,

Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.

Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18

Thank you in advance

Yes, 5 years is still counted back from your application date.

Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.

[marcnath]

Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.

I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,

Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.

Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18

Thank you in advance

Yes, 5 years is still counted back from your application date.

Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.

Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period

[Adilj]

[quote=Adilj post_id=<a href="tel:1629056">1629056</a> time=<a href="tel:1525174504">1525174504</a> user_id=73336]
[quote=marcnath post_id=<a href="tel:1628971">1628971</a> time=<a href="tel:1525163449">1525163449</a> user_id=76145]
[quote=Adilj post_id=<a href="tel:1628625">1628625</a> time=<a href="tel:1525094358">1525094358</a> user_id=73336]
Dear Respected Moderators and members,
I am planning to apply ILR under tier 1 5 year settlement.

I am planning to apply in May 2018. Was wondering how would continuous residency be calculated under new rules i.e 11 Jan 2018,

Will they count from May 2018 until May 2013? If someone can guide me the dates till they can go back 5 years I would really appreciate it.

Background
Initial: June 12
Ext: June 15
2nd Ext (due to the absence in 2012): Sep 17
Ilr: May 18

Thank you in advance

Yes, 5 years is still counted back from your application date.
[/quote] Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.
[/quote]

Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period
[/quote] thank you Marnath. So you mean to say they can use any 12 months rolling period to check absence from the date ranges : 02/5/18 going back to 1/5/13 that is 5 years? They won't go beyond this date right ?

[marcnath]

Yes, 5 years is still counted back from your application date.

Thank you for your reply, so that means if I apply on 2/5/18 so they will go back until 1/5/13? In the policy it states that any 12 months rolling. If you could please clarify that.

Correct.
12 months rolling is for calculating the 180 days absence. They can use any 12 month period to check that you were not absent for more than 180 days in that period

thank you Marnath. So you mean to say they can use any 12 months rolling period to check absence from the date ranges : 02/5/18 going back to 1/5/13 that is 5 years? They won't go beyond this date right ?

Correct