UK Tier 2 Dependent VISA to ILR

[mmoeed]

Hi all,

My Mrs. wants to know when she can apply for her ILR. She got her first Tier2 dependent visa on 05/05/2015 (expiry date: 14/02/2020). During the last six years, she travelled few times out of the U.K. My question is if the 180-days absence rule is applicable to her? Otherwise, when she will be eligible to apply for the ILR.


Her travel & visa history is below,

Entered the U.K. for the first time: 5/06/2015 (30 days after getting her Tier2 dependent visa)

Travelled outside the U.K.: 10/01/2016
Came back to the U.K.: 29/01/2016
Absence#1: 18 days

Travelled outside the U.K.: 09/05/2016
Came back to the U.K.: 29/05/2016
Absence#2: 19 days

Travelled outside the U.K.: 04/09/2016
Came back to the U.K.: 01/10/2016
Absence#3: 26 days

Travelled outside the U.K.: 10/07/2017
Came back to the U.K.: 20/12/2017
Absence#4: 162 days

Travelled outside the U.K.: 23/04/2018
Came back to the U.K.: 04/07/2018
Absence#5:71 days

Travelled outside the U.K.: 09/05/2019
Came back to the U.K.: 09/06/2019
Absence#6:30 days

She was granted a TIer2 dependant visa extension on 02-03-2020 which will expire on 02/03/2023.

Could you please guide me if the 180-days absence rule applies to her, then considering her travel history in the last six years, how I can calculate the date when she will be eligible to apply for ILR.

If you have any questions please feel free to ask. Thanks in advance.

Regards,
Moeed

NB: I came to the UK in March 2015 and changed employment in June 2018. Currently, I have ILR and already applied for naturalisation in the beginning of this year.

[manci]

the rules are:

CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period (unless CR 2.2. applies).
CR 2.2. For any absences from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

Based on CR 2.2 and assuming she applies on 1 July 2021 the consecutive 12 month periods and the absences would be:

1 July 2020 - 1 July 2021
1 July 2019 - 1 July 2020
1 July 20218- 1 July 2019, absence 4 + 30 = 34 days
1 July 2017 - 1 July 2018, absence 162 + 67 = 229 days
1 July 2016 - 1 July 2017, absence 26 days

The above clearly doesn't work because of the 229 days absence which has to be broken up

If she applies on 1 October 2021:

1 October 2020 - 1 October 2021
1 October 2019 - 1 October 2020
1 October 2018- 1 October 2019, absence 30 days
1 October 2017 - 1 October 2018, absence 81 +71 = 152 days
1 October 2016 - 1 October 2017, absence 26 +82 = 108 days

This works as none of the absences is more than 180 days and you can further fine tune the application date

[CR001]

Absences for any dependent visa held before 11th January 2018 is irrelevant. Only absence for visas issued after this date count and must be declared and be within the 180 days limit.

[manci]

Absences for any dependent visa held before 11th January 2018 is irrelevant. Only absence for visas issued after this date count and must be declared and be within the 180 days limit.

All the OP's absences were in the period when she had permission under the pre-11/01/2018 rules. Don't SW 43.1 and CR 2.2 apply ?

[mmoeed]

the rules are:

CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period (unless CR 2.2. applies).
CR 2.2. For any absences from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

Based on CR 2.2 and assuming she applies on 1 July 2021 the consecutive 12 month periods and the absences would be:

1 July 2020 - 1 July 2021
1 July 2019 - 1 July 2020
1 July 20218- 1 July 2019, absence 4 + 30 = 34 days
1 July 2017 - 1 July 2018, absence 162 + 67 = 229 days
1 July 2016 - 1 July 2017, absence 26 days

The above clearly doesn't work because of the 229 days absence which has to be broken up

If she applies on 1 October 2021:

1 October 2020 - 1 October 2021
1 October 2019 - 1 October 2020
1 October 2018- 1 October 2019, absence 30 days
1 October 2017 - 1 October 2018, absence 81 +71 = 152 days
1 October 2016 - 1 October 2017, absence 26 +82 = 108 days

This works as none of the absences is more than 180 days and you can further fine tune the application date

@manci Thanks a lot for your valuable advice. I now understand how to calculate the 180 days absence in a 12 months period. Yes, the ILR application on 1st October makes more sense.

[mmoeed]

Absences for any dependent visa held before 11th January 2018 is irrelevant. Only absence for visas issued after this date count and must be declared and be within the 180 days limit.

@CR001 thanks for the advice. I was not aware of the fact that absences for any dependent visa held before 11th January 2018 are irrelevant. This means my Mrs. can apply for ILR without worrying about 180 days absence rule because she was granted a Tier2 dependent visa before 2018.

[mmoeed]

Hi all,

I have been a British citizen (through the Tier-2 route) since August 2021.

My Mrs Entered the U.K. for the first time on 5/06/2015 (Tier-2 dependant visa). She was granted a TIer2 dependant visa extension on 02-03-2020 which will expire on 02/03/2023. She wants to apply for ILR. She has passed the Life in the UK test & B1 English test. Could you please guide me to the correct ILR application and give me a brief idea of what documents are required for the ILR application (Tier-2 dependant route).

Thanks in advance.

Regards,
Moeed

[zimba]

Use form SET(O)
Documents are minimal: Passport, BRP, LIUK, English language, cohabitation evidence covering the last two years

[mmoeed]

Hi all.

I am filling out the SET(O) form for my Mrs. ILR application. It asks for a Sponsor license number. I have entered my sponsor's license number but it says "License number not found". What are my options, please?

Am I filling in the wrong application form for her "Tier 2 Dependant leading to ILR" ?

Just a bit of background. I do not work for the same employer since October 2022. The company (issued my latest COS) was acquired by a large multinational in March 2020.

My Mrs. visa is expiring on 2nd March 2023 (tomorrow). She has passed the Life in the UK & English tests and is eligible for ILR (as per previous discussions on the forum). If I cannot (for whatever reason) manage to apply for her ILR by the end of tomorrow, her stay in the UK will not be illegal and it will not impact the ILR application.

As mentioned earlier, she entered the country on 5th June 2015. I and our two kids have British passports.

A quick response will be highly appreciated.

Regards,
M.

[zimba]

Try leaving it blank. This has no relevance to her application at all.

[mmoeed]

Thanks for your swift response @zimba. Could you please also comment on the below questions,

My Mrs. first entered the UK on 5th Jun 2015. She had her Tier 2 dependent visa extended on 02 March 2020 which will expire tomorrow (2 March 2023).


Am I choosing the correct answers?

[zimba]

Yes and declare absences from 02 March 2020 onwards on the form

[mmoeed]

Thanks, Zimba. I submitted the application today via super priority service and booked an appointment on 14th March. We want to travel in April. Once she gets the ILR, she needs to wait for the new BRP to come, before she can travel. Or the ILR approval (email etc.) is enough for her to travel and come back to the UK?

[AmazonianX]

Thanks, Zimba. I submitted the application today via super priority service and booked an appointment on 14th March. We want to travel in April. Once she gets the ILR, she needs to wait for the new BRP to come, before she can travel. Or the ILR approval (email etc.) is enough for her to travel and come back to the UK?

The airline will require the BRP to allow her board the return flight so pre 31.12.2024 needs to be in physical possession.

[zimba]

As advised above, Airlines require a valid UK visa (or BRP) to allow boarding on a UK bound flight

[mmoeed]

Once again thanks for your reply, @zimba.

[mmoeed]

Hi all,

In the document checklist, I need clarification on two points please,

1- Evidence of XXXXXX's immigration status
2 - Current PRB of XXXXXX

Both are the same documents? If not, what should I upload?


I have provided the council tax bills (in my & her name) from 1/4/2020 till 31/3/2023 (last three years). Is it enough to prove she is residing with me for the last three years? Am I missing something?

May I have to upload her previous passport (she entered the UK) and travel as well?

Just wanted to make sure I upload all the required documents for her ILR application.

Thanks in advance.

Regards,
Moeed

[CR001]

1- Evidence of XXXXXX's immigration status
2 - Current PRB of XXXXXX

Both are the same documents? If not, what should I upload?

Only the BRP card. Note some people have only visa vignettes valid for 5 years and no BRP, hence the way the list is stating different things that are basically the same.

I have provided the council tax bills (in my & her name) from 1/4/2020 till 31/3/2023 (last three years). Is it enough to prove she is residing with me for the last three years? Am I missing something?

You need cohabitation evidence for the last TWO years, in either joint or individual names for both of you, from 3 to 6 different sources, items for every 3 to 4 months. So no, an annual council tax statement is not sufficient.

May I have to upload her previous passport (she entered the UK) and travel as well?

Yes.

[mmoeed]

I have provided the council tax bills (in my & her name) from 1/4/2020 till 31/3/2023 (last three years). Is it enough to prove she is residing with me for the last three years? Am I missing something?

You need cohabitation evidence for the last TWO years, in either joint or individual names for both of you, from 3 to 6 different sources, items for every 3 to 4 months. So no, an annual council tax statement is not sufficient.

Thanks for your swift response @CR001

I have uploaded a few documents for this segment. Details are below,

Joint names on documents
Council Tax Bill 1/4/2020 - 18/7/2020
Council Tax Bill 19/7/2020 - 31/3/2021
Council Tax Bill 1/4/2021 - 31/3/2022
Council Tax Bill 1/4/2022 - 31/3/2023
Water Bill issued on September 2022
Water Bill issued on March 2023

Documents on applicant's name only
Bank statement February 2021
Bank statement July 2021
Bank statement December 2021
Bank statement July 2022

Documents in my name only
Landline Bill February 2022

May I need to upload further documents to prove her cohabitation evidence for the last TWO years, please?

Thanks in advance.

Regards,
Moeed

[mmoeed]

Confirmation of my above message will be very helpful. The appointment is on Tuesday.

Thanks in advance.

Regards,
M.

[AmazonianX]

Confirmation of my above message will be very helpful. The appointment is on Tuesday.

Thanks in advance.

Regards,
M.

You need cohabitation evidence for the last TWO years, in either joint or individual names for both of you, from 3 to 6 different sources, items for every 3 to 4 months.
This is not an on demand service, above was mod clear response to you about the cohabitation evidence already.
When it comes to it, provide what you have.