ILR dependent qualification with long Absence

[sandhyamraju]

Hi,

I wonder if you could help me, if I am eligible for ILR

Entry clearance (Dependant visa approved from): 08/04/2014
Arrived in UK: 09/05/2014
extension date: 24/12/2016
extension valid until: 08/07/2019
Absence from UK(pregnancy related) : 21 Sep 2017 - 28 Mar 2018


Will I qualify because of my absence? as rules for dependents are in place only from Jan 2018 ?
Am I eligible to apply from 10 May 2019 ?

Thanking you
Sandhya

[CR001]

Absence is only applicable to visas issued on or AFTER 11 January 2018, which is not your case.

Presumably this is a PBS Dependent visa?? If yes, you can apply within 28 days before the 5th anniversary of your initial visa ISSUE date.

[sandhyamraju]

Many thanks for swift reply , much appreciated.

Yes its Dependant visa, My husband is currently a UK citizen is it still called PBS Dependant ?

So its counted from Visa issue date or date arrived in UK? you clearly said its visa issue date thou

If its issue date, can I apply in March 2019?

Many Thanks

[CR001]

Yes its Dependant visa, My husband is currently a UK citizen is it still called PBS Dependant ?

What exactly does your BRP card say?? If it says PBS Dependent then yes, it would be a PBS Dependent visa. Unless you changed your visa to FLR(M) at some point.

So its counted from Visa issue date or date arrived in UK? you clearly said its visa issue date thou

As I said, it counts from visa start/issue date.

If its issue date, can I apply in March 2019?

Yes.

[sandhyamraju]

Thanks Again,

You done great help, BRP card says Spouse/Partner Leave to Remain, So I believe it should be PBS Dependent ?

Thanking you

[CR001]

Thanks Again,

You done great help, BRP card says Spouse/Partner Leave to Remain, So I believe it should be PBS Dependent ?

Thanking you

No, I don't believe it is a PBS Dependent visa as it would say that if it was.

extension date: 24/12/2016
extension valid until: 08/07/2019

What form exactly did you complete when you made this application in 2016?? As it is a visa valid for 2.5 years, I believe you applied on FLR(M) spouse visa form, which would have reset your clock to zero for ILR and you will only qualify for ILR in 2021.

[sandhyamraju]

thank you,

You are 100% right. Extension done using form FLR(M). My husband is UK citizen before I applied for entry clearance to UK.

I am confused because my husband is settled using PBS before he has citizenship

08/04/2014 - (settlement visa)
24/12/2016 -FLR(M)

Did I use wrong form somewhere ? My husbands category is the same from the time I first applied for visa as dependant

Sorry, I dint bring up question right in first place.

Thanking you.

[CR001]

So you have never held a Points Based System (PBS) Dependent visa.

You will qualify for ILR on form SET(M) no sooner than within 28 days before 9th May 2019, the 5th anniversary of your date of entry to the UK.

There is NO absence limit for spouse settlement visa holders and the 11th January rule is not relevant to your visa category.

[sandhyamraju]

Yes that's right , First visa stamping(entry clearance) says type of visa as 'Spouse/cp of husbands name'

I am really confused with various info I found online before I posted questions on this form.

You made them pretty clear

Thanking you