ILR - Dependent Queries

[Zaaam2019]

Hi,

I am currently on Tier 2 General visa and my wife and my daughter is on my dependant visa. I will be completing my 5 years on the May 2019 and will be applying for my ILR during early June.

I have few questions regarding my wife’s ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 18.0) issued by the Home Office.
Under “Absences which will not break continuity in the continuous period” section it says:
“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….”
“Calculating the specified continuous period”:
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Here is my wife’s case:
Her visa was first issued outside the U.K. on the 23/07/2014.She entered the UK on the 23/08/2014. Later visa extended and issued outside the U.K. on the 28/12/2016.
My wife’s and daughter current Dependant visa expires on the 07/07/2019. It says we could apply for the ILR from 28days before the 5 year completion. I believe I can apply ILR for my wife and daughter on or after 26th June 2019.

My questions are:

1. Could we start counting the 5 years from the 23/07/2014?
2. If yes, she will be completing her 5 years on the 23/07/2019 but she her current visa expires on the 07/07/2019 but according to the 28 days rule, will it be safe to apply on the 26/06/2019 for her ILR?
3. “When did you first enter the UK? {This is the date you entered the UK when the period of stay you are basing this application on started}” What should I want to complete in this section of ILR online visa application (23/07/2014 or 23/08/2014)?
4. Any problem on extending Tier 2 general dependent visa outside UK. Is this extension of visa which will or will not break continuity in the continuous period of 5 year, please advise?
5. “Does the period of stay on which this application was based include any leave granted since 11 January 2018?” Based on all the issue and extend of visa were done before 11 January 2018. I have kept “NO” in the online application form. Please advise if this answer is correct?
6. Can I submit the online ILR application form before 26th June 2019 for my wife & daughter and take an appointment on or after 26th June 2019 to avoid the risk of unavailable appointment. However I am afraid of this statement which I saw in start of ILR online application “Do not apply any sooner than 28 days before you complete your qualifying period.”
7. Worst case – If I am not getting any appointment before visa expiry (07/07/2019) and taken an appointment after 08/08/2019 for their ILR application. Any issues with it?

Appreciate your response.

[CULLINAN]

Hi,

I am currently on Tier 2 General visa and my wife and my daughter is on my dependant visa. I will be completing my 5 years on the May 2019 and will be applying for my ILR during early June.

I have few questions regarding my wife’s ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 18.0) issued by the Home Office.
Under “Absences which will not break continuity in the continuous period” section it says:
“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….”
“Calculating the specified continuous period”:
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Here is my wife’s case:
Her visa was first issued outside the U.K. on the 23/07/2014.She entered the UK on the 23/08/2014. Later visa extended and issued outside the U.K. on the 28/12/2016.
My wife’s and daughter current Dependant visa expires on the 07/07/2019. It says we could apply for the ILR from 28days before the 5 year completion. I believe I can apply ILR for my wife and daughter on or after 26th June 2019.

My questions are:

1. Could we start counting the 5 years from the 23/07/2014?
2. If yes, she will be completing her 5 years on the 23/07/2019 but she her current visa expires on the 07/07/2019 but according to the 28 days rule, will it be safe to apply on the 26/06/2019 for her ILR?
3. “When did you first enter the UK? {This is the date you entered the UK when the period of stay you are basing this application on started}” What should I want to complete in this section of ILR online visa application (23/07/2014 or 23/08/2014)?
4. Any problem on extending Tier 2 general dependent visa outside UK. Is this extension of visa which will or will not break continuity in the continuous period of 5 year, please advise?
5. “Does the period of stay on which this application was based include any leave granted since 11 January 2018?” Based on all the issue and extend of visa were done before 11 January 2018. I have kept “NO” in the online application form. Please advise if this answer is correct?
6. Can I submit the online ILR application form before 26th June 2019 for my wife & daughter and take an appointment on or after 26th June 2019 to avoid the risk of unavailable appointment. However I am afraid of this statement which I saw in start of ILR online application “Do not apply any sooner than 28 days before you complete your qualifying period.”
7. Worst case – If I am not getting any appointment before visa expiry (07/07/2019) and taken an appointment after 08/08/2019 for their ILR application. Any issues with it?

Appreciate your response.

1) Yes
2) Yes
3) 23/8/14
4) Wait for someone else to respond
5) Correct
6) No. You must not apply before than 28 days as the date of online submission is the date of application.
7) Biometrics appointment is irrelevant. Once you apply in time online that is the date of application. You get 45 working days to provide your biometrics. It does not matter even if it is after visa expiry.

[Zaaam2019]

Hi tier11417,

Thank you for your reply.

I afraid that my dependents visa expiries and get an appointment for their biometric on or after 08th July 2019.

Do they will be considered their stay as illegal stay or overstay?
If the overstay would impact on the decision of home office?

[CULLINAN]

Hi tier11417,

Thank you for your reply.

I afraid that my dependents visa expiries and get an appointment for their biometric on or after 08th July 2019.

Do they will be considered their stay as illegal stay or overstay?
If the overstay would impact on the decision of home office?

Did you not read point 6 & 7?