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Qualifying period for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rpampana
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Qualifying period for ILR

Post by rpampana » Sun Oct 15, 2017 1:38 am

Hi,
Posting these questions to get a clear picture before applying for mine & wife's ILR (applying together). My visa category is Tier 2 general and wife's is under PBS dependent. I have been working for the same employer and under the same visa category through out my stay in UK. The following dates are applicable to both of us.

Grant date of 3 years leave:13/12/2012
First entry date in UK : 09/03/2013
End date of 3 years leave:10/12/2015

Grant of 2 years leave(extension): 10/12/2015
End date of 2 years leave(extension):24/12/2017

Neither of us have been outside UK beyond 180 days.

As per the above dates,
1. Is my qualifying date for ILR, 15/11/2017 right?
2. Will the same date be applicable for my wife?

Thanks,
RP.

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zimba
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Re: Qualifying period for ILR

Post by zimba » Sun Oct 15, 2017 1:50 am

1. Is my qualifying date for ILR, 15/11/2017 right?
Yes
2. Will the same date be applicable for my wife?
No as PBS dependant qualifying period only starts from the date of entry to the UK.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rpampana
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Re: Qualifying period for ILR

Post by rpampana » Sun Oct 15, 2017 2:21 am

zimba88 wrote:
Sun Oct 15, 2017 1:50 am
1. Is my qualifying date for ILR, 15/11/2017 right?
Yes
OK. Thanks
2. Will the same date be applicable for my wife?
No as PBS dependant qualifying period only starts from the date of entry to the UK.
Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?

I have a child born in UK this year. Can the child be registered as British Citizen after my ILR being granted?

Regards,
Ramesh

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zimba
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Re: Qualifying period for ILR

Post by zimba » Sun Oct 15, 2017 2:31 am

Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?
Your wife applies for extension of her visa under PBS dependant at the same time you apply for ILR.
I have a child born in UK this year. Can the child be registered as British Citizen after my ILR being granted?
Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rpampana
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Re: Qualifying period for ILR

Post by rpampana » Sun Oct 15, 2017 3:08 am

Thanks zimba88, very much appreciate your effort in answering my questions. As it is dawning upon me now, my initial plans were miscalculated. Would appreciate if you could provide further clarity.
zimba88 wrote:
Sun Oct 15, 2017 2:31 am
Assuming my ILR application is successful/unsuccessful, under what visa category does wife's stay can be extended?
Your wife applies for extension of her visa under PBS dependant at the same time you apply for ILR.
I am trying to get the timing right here this time.
When you say same time, do you mean on the same day?
Doesn't wife's (PBS dependant applicants) need to mention my status(as my Tier-2 leave expires on 24/12/2017).
Can wife apply under family visa, once my ILR is approved?

Regards,
Ramesh.

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CR001
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Re: Qualifying period for ILR

Post by CR001 » Sun Oct 15, 2017 9:11 am

She can apply in person in the same day as you but it must be a different and separate appointment after yours. Or she can apply by post once you have ILR.

Uf you apply for ILR depebdent then her clock will reset to zero and a new 5 year (2 x 2.5 year visas) residence before she can apply for ILR.

Better to extend her PBS dependent visa.
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rpampana
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Re: Qualifying period for ILR

Post by rpampana » Sun Oct 15, 2017 10:14 am

CR001 wrote:
Sun Oct 15, 2017 9:11 am
Or she can apply by post once you have ILR.
Hi CR001,
Would you mind explaining how does that work? I am expecting certain sections in wife's application(as PBS dependent) would ask for my immigration status. If I have ILR would they consider wife's applications as PBS dependent?

Regards,
RP.

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CR001
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Re: Qualifying period for ILR

Post by CR001 » Sun Oct 15, 2017 2:18 pm

Yes. The rules allow her to continue extending/stay as PBS dependenting if you get ILR via the PBS route and 5 years residence. See link below.

immigration-for-family-members/dependan ... 14832.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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