Submit application before 28 days

[Suhan]

Hi,

I have a Tier 2 dependent visa. The date of issue and expiry are as follows:
Valid from: 13/08/2014
Valid to: 21/07/2019
Came to UK on: 23/08/2014

1) For a Tier 2 dependent applying for ILR, What is the date when I become eligible to apply for ILR?
Is it 28 days before 13/08/2019(the day visa is valid from) or 23/08/2019(Day of arrival in UK)?

2) My visa does not complete 5 years or 60 months as you can see(IT is 19 days short). Is it still possible to apply for ILR?

Any help on this matter is highly appreciated.

Thank you. Regards

[CR001]

1. Starts counting from date your initial dependent visa was issued. So you can apply no sooner than within 28 days before the 5th anniversary of that date.

2. Yes, no issue.

[Suhan]

Hi,

I am on Tier 2 dependent Visa and had applied for ILR. I thought that the date of application is the date we get the appointment for biometrics. What does the below paragraph mean?

"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".

If the application will not be succesful, is there a way to cancel and get full refund?

Thanks

Regards

[CR001]

As already advised when you asked earlier, date of application is the date you submit and pay online and not the date of your appointment.

The piece you quote is caseworker guidance and not the immigration rule. They do not have to follow the guidance, which is at discretion, and many members have been refused ilr this year for applying too early online.

If ilr is refused, you don't get a refund. You also don't get any appeal rights as a PBS dependent. If ilr is refused you can't "cancel" as the application has been decided already so there wouldn't be anything to cancel.

[Suhan]

Hi,
Thanks for the reply. Can you advice as what to do next? My date for biometrics is on 20th July.So only online application has been done. Should I cancel then do another application? Is there anyway to get refund?

Thanks

[CR001]

Useful to state what date you submitted and paid online!

[Suhan]

I had applied on the 19th of June.

Thank you.

[zimba]

The date of application is the date of online submission HOWEVER you should be eligible for ILR on the date of decision. So you should be fine