ILR from PBS dependent (When to apply)

[rahul656]

Hi All,

1:- My Wife got the PBS dependent of Tier 1 holder on 12th April, 2013 and she first entered the UK on 1st May , 2013. I was wondering if she is eligible to apply ILR 28 days before 12th April, 2018 or 28 days before 1st May, 2013? Just trying to figure out if i can avoid the next possible fee increase in April,2018.

2:- Next questions is "As i have already applied the British citizenship and hopefully will get in another 3 months. I was wondering if she can apply for naturalisation as soon as she gets the ILR "?


Thanks all in advance for your time to reply to my queries.

[CR001]

1. No sooner than within 28 days of date of ENTRY to the UK, so 1st May 2018 is the 5 year residence mark. This is assuming you got ILR as Tier 2 G and 5 years residence and not 10 years long residence.

2. Yes, once she has ILR and IF you are British, then she can apply for BC as spouse based on 3 years residence if she meets all the standard requirements including physical presence at the start of the 3 year period.

[rahul656]

Thanks for the reply CR001.
Yes i had got ILR on basis of 5 Years of Tier 1 General. I will try to get ILR appointment of 4th April,2018 which is with in 28 days before 1st May,2018 just to avoid any possible fee hike which normally takes effect on 6th April each year.

Thanks again for your time.

[rahul656]

Hi Sorry..Just another quick one..

Will my wife not be eligible for the 90 days entry concessionary rule? If that rule applies to PBS dependent to ILR applicant, then she should be eligible 28 days before the 12th April 2018. Her dependent visa was stamped on out of country application on 12th April,2018

Just checking.

Thanks.

[CR001]

No, for PBS dependents her residence qualifying period start from date of ENTRY to the UK to qualify for ILR.

The concession is ONLY for PBS Main visa holders

[rahul656]

Thanks for your reply.