Tier 2 Dependant Extension - Earliest application time

[hardhercule]

Hello All,

Could you please advise on my query below -

My wife is currently on a Tier 2 Dependant Visa which expires on 13-01-2018. We need to apply for an extension for her in order for her to complete 5 years to be eligible for ILR.
(I switched to ILR based on Tier 2 General 5 Year Route in Feb 2017).

1. When is the earliest we can apply for the Tier 2 extension. Is it anytime before her current visa expires or 28 days before the current visa expires?

2. Also for a Tier 2 dependant, is the 5 year qualifying period for ILR calculated from date of first visa (in this case outside UK) or from the date of first entry to the UK?

Many thanks.

[CR001]

1. Ideally within 28 days before visa expires but some members have applied slightly earlier if they have travel plans etc.

2. Date of first entry to the UK as a PBS Dependent.

[hardhercule]

Thank you so much CR001 for your prompt response.

Regarding the first point - you say members have applied earlier and have been successful with their applications but how soon can we apply. Is it allowed and are the Home Office within their rights to refuse the application if we do so? In our case we could make the application NOW without it impacting the 5 year period my wife requires for ILR.

We intend to apply in person on 18-12-2017 and i'm quite confident of receiving the extension the same day. However the BRP could take upto 10 days which will impact our travel plans of flying out of the country on the 22-12-2017 and hence the reason for me asking this question (I know in hindsight we shouldn't have made the plans but i completely forgot about the BRP)

[CR001]

You can apply in November and explain you are applying earlier due to travel arrangements. This is acceptable. HO is not as inhumane as people think.

[hardhercule]

Thank you. And I hope they aren't as well, although speaking to their helpline, they were adamant it is 28 days.

If anybody else had had any experience of applying earlier and the applications being successful, please advise.

[CR001]

We believe and understand that the call centre is a 3rd party agent and are frequently wrong with the advice they offer and they take no responsibility for it either.

[hardhercule]

Hello All,

Could you please advise on my query below -

My wife is currently on a Tier 2 Dependant Visa which expires on 13-01-2018. We need to apply for an extension for her in order for her to complete 5 years to be eligible for ILR.
(I switched to ILR based on Tier 2 General 5 Year Route in Feb 2017).

1. When is the earliest we can apply for the Tier 2 extension. Is it anytime before her current visa expires or 28 days before the current visa expires?

2. Also for a Tier 2 dependant, is the 5 year qualifying period for ILR calculated from date of first visa (in this case outside UK) or from the date of first entry to the UK?

Many thanks.

Hello All,

Going through some of the more recent posts on the forum it seems that the qualifying period for ILR for PBS dependents has been changed and that it is now counted from the date of first visa stamp rather than date of first entry to the UK? Is that correct?

In my wife's case above her date of first Tier 2 dependent visa stamp was 13-10-2013 and date of entry was 20-01-2014. So could we technically apply upto 28 days before 13-10-2018?

[hardhercule]

Correction -

My wife had her first T2 dependant visa on 12-11-2013 and date of entry to UK was 20-01-2014.

So could we apply for her ILR 28 days prior to 12-11-2018?

[CR001]

So could we apply for her ILR 28 days prior to 12-11-2018?

Yes.

[hardhercule]

Thank you.

Also since her last extension was in October 2017, under the new rules, the 180 day absence rule wont apply to her? Is that correct?

So we would still list all the absences including the time from visa stamp and first entry but wont need to justify, if there are more than 180 days taken in a 12 month rolling period.