Tier 2 PBS Dependent applying for IRL

[wallaby]

Hello, I have searched but cannot find an answer for my particular situation.

Background:
- Both partner and I are applying for ILR through 5 year route SET (O).
- Originally entered UK on Tier 5 Youth Mobility Visa for 2 years (2016-2018 - does not contribute to 5 years continuous period)
- Partner was then sponsored under Tier 2 General (Vignette/entry clearance valid from 22/10/2018, re-entered UK 29/10/18, BRP issue date 30/10/18).
- I was subsequently approved for Tier 2 PBS Dependent (Applied 11/11/2018, Appointment and approved same day 14/11/18, did not need to leave UK for visa so do not have vignette or entry date (entered via Tier 5 back in 2016), lost original BRP so unsure on issue date).
- Both of us extended Tier 2 General and Dependent visa in October 2021, valid until November 2024.

Questions:
1. Do I, as the Tier 2 PBS Dependent visa holder apply as a 'dependent' in my partner's ILR form? Or do I apply separately as the main applicant in my own form and select the dependent option?
2. If I apply separately, can I apply before my partner even though I am a PBS dependent? (He wants to delay his application as needs to travel for business, but I want to apply earlier to avoid the price increase from 4 Oct 2023).
3A. Earliest date he (Tier 2 holder) can have biometrics appointment: Should he take 28 days prior to the entry clearance 22 October? or entering UK date of 29 October?
3B. Earliest date I can have biometrics appointment: Can I take 28 days prior to date of application being 11 November or date of visa approval of 14 November?

Thank you in advance!

[CR001]

1. Either.

2. You cannot apply for ilr separately before the main pbs visa holder. The rules don't permit it. You only qualify for ilr when your partners applies or already has ilr.

3. Both of you can apply within 28 days before the 5th anniversary of the initial visa isaue date. The biometric appointment date is irrelevant. Date of application is the date you submit and pay online.

[wallaby]

Thank you for the speedy reply.

I am confused on your last point 3. My initial visa was approved on 14/11/2018 (Is this also the date it was issued?), 5 years from this is 14/11/2023, less 28 days is 17/10/2023. I thought the 17/10/23 was the earliest I could complete my biometrics appointment, but I could submit my application before this date (i.e. before the 28 days). For example, I could submit my application today, but not do my biometrics until 17/10/23. Am I mistaken?

[wallaby]

Sorry for two replies in a row. Relating to this question above, the application asks: "What date did you enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started".

I entered the UK back in 2016 on the Tier 5 visa which does not contribute to the continuous period of 5 years. Therefore for the period of stay I am basing this application on... would this be the day my visa was approved (i.e. the 14/11/2018) that I discussed above?

Appreciate variations of this question have been asked many times but the GOV guidance is unbelievably confusing!

[CR001]

Thank you for the speedy reply.

I am confused on your last point 3. My initial visa was approved on 14/11/2018 (Is this also the date it was issued?), 5 years from this is 14/11/2023, less 28 days is 17/10/2023. I thought the 17/10/23 was the earliest I could complete my biometrics appointment, but I could submit my application before this date (i.e. before the 28 days). For example, I could submit my application today, but not do my biometrics until 17/10/23. Am I mistaken?

Yes, doable and answered multiple times every day on the forum.

Sorry for two replies in a row. Relating to this question above, the application asks: "What date did you enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started".

I entered the UK back in 2016 on the Tier 5 visa which does not contribute to the continuous period of 5 years. Therefore for the period of stay I am basing this application on... would this be the day my visa was approved (i.e. the 14/11/2018) that I discussed above?

Appreciate variations of this question have been asked many times but the GOV guidance is unbelievably confusing!

Either date, makes no difference, it is not a critical questions.

Obviously as already advised, you can only apply for ILR if your partner applies at the same time.