ILR for PBS Dependent: continuous 5 year period calculation

[wraithstrike]

Hello everyone,

I am currently on a PBS Dependent VISA.

My husband had an employer-sponsored Tier 2 when I entered the UK and he has since then become a naturalised British Citizen. During the changes to his visa and citizenship status, my visa category has remained unchanged (PBS Dependent), I have just had the validity period extended twice.

I am now considering applying for ILR and my question is specifically focused on the calculation of 5 year qualifying period. My first PBS dependent visa was valid from 28-AUG-2012 to 28-OCT-2013. However, I entered UK for the first time on 23-DEC-2012 (i.e. after 117 days, which is less than the allowable absence of 180 days)

I am unclear whether I should calculate my 5 years from 28-AUG-2012 or from 23-DEC-2012. I have seen the amended guidance (v13, published 25-APR-2016, https://www.gov.uk/government/uploads/s ... ds-v13.pdf) which mentions that the gap between date of approval and date of entry can be included towards annual 180 day allowance, however, page 2 of the guidance doesn't explicitly list DEPENDENT VISA as one of the applicable categories but neither have I seen an explicit refusal to consider it on the 'Freedom of Information' queries.

Has anyone applying under DEPENDENT VISA successfully managed to include their gap period in their application? Any advice will be extremely helpful.

Thanks!

[CR001]

For PBS Dependents, it is counted from the date of ENTRY to the UK. You will qualify for ILR no sooner than 28 days before 23 December 2017.

[jyopav126]

Hello everyone,

I am currently on a PBS Dependent VISA.

My husband had an employer-sponsored Tier 2 when I entered the UK and he has since then become a naturalised British Citizen. During the changes to his visa and citizenship status, my visa category has remained unchanged (PBS Dependent), I have just had the validity period extended twice.

I am now considering applying for ILR and my question is specifically focused on the calculation of 5 year qualifying period. My first PBS dependent visa was valid from 28-AUG-2012 to 28-OCT-2013. However, I entered UK for the first time on 23-DEC-2012 (i.e. after 117 days, which is less than the allowable absence of 180 days)

I am unclear whether I should calculate my 5 years from 28-AUG-2012 or from 23-DEC-2012. I have seen the amended guidance (v13, published 25-APR-2016, https://www.gov.uk/government/uploads/s ... ds-v13.pdf) which mentions that the gap between date of approval and date of entry can be included towards annual 180 day allowance, however, page 2 of the guidance doesn't explicitly list DEPENDENT VISA as one of the applicable categories but neither have I seen an explicit refusal to consider it on the 'Freedom of Information' queries.

Has anyone applying under DEPENDENT VISA successfully managed to include their gap period in their application? Any advice will be extremely helpful.

Thanks!

Hi wraithstrike,
Can you please update your status, as my dependents are also in similar situation. Have you applied for ILR or are you waiting to apply in december?

Thanks and Regards,
Jyopav

[rpampana]

For PBS Dependents, it is counted from the date of ENTRY to the UK. You will qualify for ILR no sooner than 28 days before 23 December 2017.

Hi CR001,

Could you please provide relevant guidance in this case?

What if the main applicant and PBS dependent apply together and both have an entry gap? Will the PBS dependent's entry gap does not count towards continuous residency?


Thanks,
RP.

[CR001]

For PBS Dependents, it is counted from the date of ENTRY to the UK. You will qualify for ILR no sooner than 28 days before 23 December 2017.

Hi CR001,

Could you please provide relevant guidance in this case?

What if the main applicant and PBS dependent apply together and both have an entry gap? Will the PBS dependent's entry gap does not count towards continuous residency?


Thanks,
RP.

You should start your own topic with your questions to avoid confusion in other members' topic. PBS dependent residence starts counting from date of entry to the UK.