TIER2 - DEPENDANT - ILR application

[AJ22]

Hi Moderators,
Abhay Here.

I entered UK on skilled T2 GEN Visa on 31st MAY 2018 and have valid BRP till 17th Jun 2023.
My wife & daughter entered UK on 10th Aug 2018 as dependents and also have BRP valid upto 17th Jun 2023.

As per normal rules, I understand I can apply for ILR 28 days prior to completion of 5 years stay, i.e. around 1st week of May 2023. The confusion is for my wife and daughter, they don't complete 5 years before 17th jun 2023 (just short of 2-3 weeks). Their 5 years complete on 8th Aug 2023, which is 54 days after current VISA expiry.

So, my question,
1. When can I apply ILR for my wife & daughter?
2. Is there any provision to consider for small shortfalls to complete 5 years?
Please suggest.


Thanks & Regards,
AJ22

[CR001]

What was the initial visa start date for your dependents?

[AJ22]

Hi,
Visa start date (issuance date) was 20th July2018, however we travelled on 10th Aug 2018..

[zimba]

Hi,
Visa start date (issuance date) was 20th July2018, however we travelled on 10th Aug 2018..

The travel date for them is irrelevant. You should use the initial visa issue date to calculate the 5 year period as they were granted leave under PBS dependant route

[AJ22]

Hi Moderators.
I have recently received my ILR on my 5 year completion. However for my Spouse & child, they are short of few days for 28 days rule, as their VISA was processed later.

The BRP issue date on their VISA is 20th July 2018. (1-month Vignette validity was 30th Jul 2018 to 29th Aug 2018 and actual travel date was 10th Aug 2018.)
If earliest date, 20th July is considered for 5 year period calculation, the 28 day early date for application would be 22nd June 2023 and the Current Visa expires on 17th Jun 2023.

So, do I need to extend the VISA for my wife & child, before they can apply ILR? or can we apply for VISA on 17th Jun (along with fee payment) and take the biometric appointment post 22nd June?
Would it work or is their any risk?

Please advise.
Thanks in advance.

[zimba]

No extension is needed. Apply early and book the appointment for a later date when eligible. There is no risk

See: indefinite-leave-to-remain/dependent-el ... l#p2072912