ILR 5 year Economic Route - Dependent and Date of First Entr

[timunpower]

Hi All,

I intend to apply for ILR (5 year route) PEO + 1 dependent (wife).

A little background:

-September 2003 – September 2007 : Student Visa (Undergraduate)
-September 2007 – January 2009 : Student Visa (Postgraduate)
-January 2009 – November 2013 : Work Permit
-November 2013 – Present (valid until November 2016) : Tier 2 PBS (due to change in employment).

I have browsed through the FAQ for ILR – Tier 2 on this forum (http://www.immigrationboards.com/indefi ... t79378.html). However, I am not clear in regards to a few issues.

I would be grateful if someone could answer my queries, thank you.

QUESTION 1

From the FAQ-

Q12a - Will my spouse / partner qualify with me for ILR?
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant. The (spouse/partner) dependant must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" stay in UK need not be as a "dependant" and can include "absences from UK".
Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period as a dependant of the principal migrant" (319E(d)(ii)). This "5 year" stay in UK can include "absences from UK".
See also Q16a and Q19.

Basically, my wife joined me in the UK in May 2011. I was a Work Permit Holder then and she was my dependent.

I changed to Tier 2 (General) in November 2013 to join another company, her dependent was changed to Tier 2 (Dependent).

Based on Q12a of the FAQ, does it meant that my wife will not be eligible for settlement until May 2016?

QUESTION 2

I need clarification in regards of Question 6.1 of the Set (0).

The question is:

“When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.”

Based on this, what should be the most apt answer for Question 6.1?

A. 12th January 2009 (date of work permit awarded)

Or

B. 8th January 2011 (If PEO appointment is on 8th January 2016)

I thank you in advance for your thoughts.

[timunpower]

Sorry – additional questions:

1. Paternity Leave – I took a week paid leave for paternity. I did not leave the UK. Will this need to be recorded and proven?
2. Unpaid Leave – I took a day off unpaid due to childcare, will this need to be recorded and proven?

Would be grateful for any thoughts.

Thanks.

[timunpower]

Hi,

I would be grateful for any thoughts on these issues?

Desperate to get these right before I book my PEO appointment.

Many many thanks in advance.

[timunpower]

hi moderators - would be grateful for any advice please.