PBS Dependant 30 days short for ILR

[Sal123]

Following are the dates for visa issued.

Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018

I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.

Your response is much appreciated.

Thanks

[zimba]

For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded

[CR001]

For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded

Date of visa issue per 11 January changes.

[zimba]

Correct. It seems there has been a success case: uk-tier-1-general-visas/ilr-through-tie ... l#p1593115

[lanrezy]

For PBS dependants it is from the date of ENTRY to the UK not the issue date. Apply for extension and vary to ILR. All extension fees will be refunded

My apologies if this get to you wrongly but why do you keep giving wrong advice on this issue.
You have been corrected twice or more since the change have been made.
I believe that you are an experienced one on this forum and can keep track of things.

Cheers

[zimba]

Read the link I posted. The claim that visa issue date can be considered still contradicts with the immigration rules under paragraph 319E requiring the dependant and the migrant 'must have been living together in the UK' for the ILR continuous period. This is the requirement that HO enforced for years for PBS dependants (visa entry date must be taken into consideration) and remains unchanged. My advice was based on 319E

The only thing that hinted at any change was that the ILR continuous calculation period guide can now be used for dependents too. As immigration rules are privileged over material over guides, 319E still remains contradictory. I was not aware of the successful case until I saw one reported, so it it might be that the 319E is not being enforced or is being interpreted differently.

[lanrezy]

Read the link I posted. The claim that visa issue date can be considered still contradicts with the immigration rules under paragraph 319E requiring the dependant and the migrant 'must have been living together in the UK' for the ILR continuous period. This is the requirement that HO enforced for years for PBS dependants (visa entry date must be taken into consideration) and remains unchanged. My advice was based on 319E

The only thing that hinted at any change was that the ILR continuous calculation period guide can now be used for dependents too. As immigration rules are privileged over material over guides, 319E still remains contradictory. I was not aware of the successful case until I saw one reported, so it it might be that the 319E is not being enforced or is being interpreted differently.

I I posted on the forum my real life situation concerning my partner. She used visa issue date. She made her application on March 12. It actually helped another person with appointment on March 13 which was also successful. I believe these scenario is prove enough that visa issue date is now valid and not contradictory.

[Sal123]

Thanks for the replies
Please advise me on the real question, how do I apply for ILR ?

Following are the dates for visa issued.

Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018

I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.

Your response is much appreciated.

Thanks

[lanrezy]

Thanks for the replies
Please advise me on the real question, how do I apply for ILR ?

Following are the dates for visa issued.

Tier1 General Dependant - 21-05-2013 to 01-04-2015
PBS Dependant - 21-04-2015 to 21-04-2018

I understand that the application can be made 28 days in advance but I have 30 days difference. Can I still apply for ILR ? It is very expensive to get an extension for just 2 days to become eligible otherwise.

Your response is much appreciated.

Thanks

You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately

[Sal123]

You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately

When I apply by post on 21/04/2018 for ILR, is it valid application ?

[lanrezy]

You can apply from 23/04/2018 for premium appointment. Unfortunately, your visa expires 2 days before that. The option you have is to apply by post before your visa expires. By the time the case worker picks up your form for processing and biometrics, you would have qualified.
Unfortunately

When I apply by post on 21/04/2018 for ILR, is it valid application ?

It will be valid. But try and post it some days before 21/04/2018 to be on a safe side. It will still take some days before its processed.