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SET (O) - Dependent - Date entered the UK

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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ozmanos
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SET (O) - Dependent - Date entered the UK

Post by ozmanos » Mon Jan 14, 2019 9:44 am

Hi Gurus,

Apologies in advance if this has been asked previously. I am already a British citizen (settled via Tier 1 G) and am planning to apply for my wife's ILR soon and have a few queries. Here is some information on her:

- Tier 1 Dependent visa issued: 22-02-2014
- Date entered the UK: 30-03-2014
- Tier 1 Dependent visa extended: 22-02-2016
- Tier 1 Dependent visa valid til: 22-02-2019

Queries:
- Would she qualify to apply for ILR on 22-02-2019, i.e. 5 years in the UK? Would it be a problem that she entered a the UK on 30-03-2014?
- Form asks 'When did you first enter the UK?' - Should I say 22-02-2014 rather than 30-03-2014, as this would qualify her for 5 year period?
- Form asks to list 'Countries you lived in other than UK', she was in Pakistan before coming to the UK. Should I say she was there till 30-03-2014 or 22-02-2014?

I would really appreciate your help on the above.

Regards.

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CR001
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Re: SET (O) - Dependent - Date entered the UK

Post by CR001 » Mon Jan 14, 2019 9:57 am

- Would she qualify to apply for ILR on 22-02-2019, i.e. 5 years in the UK? Would it be a problem that she entered a the UK on 30-03-2014?
It counts from date of first visa issue, so no sooner than within 28 days before 22nd February.
- Form asks 'When did you first enter the UK?' - Should I say 22-02-2014 rather than 30-03-2014, as this would qualify her for 5 year period?

It says ENTER not visa issue, so state the date she ENTERED.
- Form asks to list 'Countries you lived in other than UK', she was in Pakistan before coming to the UK. Should I say she was there till 30-03-2014 or 22-02-2014?
Date she LEFT Pakistan NOT date of visa issue.
Char (CR001 not Casa)
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ozmanos
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Re: SET (O) - Dependent - Date entered the UK

Post by ozmanos » Mon Jan 14, 2019 10:09 am

Many thanks for the quick response.
CR001 wrote:
Mon Jan 14, 2019 9:57 am
- Would she qualify to apply for ILR on 22-02-2019, i.e. 5 years in the UK? Would it be a problem that she entered a the UK on 30-03-2014?
It counts from date of first visa issue, so no sooner than within 28 days before 22nd February.
- Form asks 'When did you first enter the UK?' - Should I say 22-02-2014 rather than 30-03-2014, as this would qualify her for 5 year period?

It says ENTER not visa issue, so state the date she ENTERED.
The reason I ask is because the question says:
When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Does the period start when you enter the UK or when you get the visa?

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CR001
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Re: SET (O) - Dependent - Date entered the UK

Post by CR001 » Mon Jan 14, 2019 10:16 am

ozmanos wrote:
Mon Jan 14, 2019 10:09 am
Many thanks for the quick response.
CR001 wrote:
Mon Jan 14, 2019 9:57 am
- Would she qualify to apply for ILR on 22-02-2019, i.e. 5 years in the UK? Would it be a problem that she entered a the UK on 30-03-2014?
It counts from date of first visa issue, so no sooner than within 28 days before 22nd February.
- Form asks 'When did you first enter the UK?' - Should I say 22-02-2014 rather than 30-03-2014, as this would qualify her for 5 year period?

It says ENTER not visa issue, so state the date she ENTERED.
The reason I ask is because the question says:
When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Does the period start when you enter the UK or when you get the visa?
It very clearly states 'DATE YOU ENTERED' and not 'DATE VISA STARTED'.

Don't confuse the immigration rules with a very simple question in the form about when she entered the UK.

Perhaps overthinking.
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.

ozmanos
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Posts: 11
Joined: Wed Dec 02, 2015 11:40 am

Re: SET (O) - Dependent - Date entered the UK

Post by ozmanos » Mon Jan 14, 2019 10:31 am

CR001 wrote:
Mon Jan 14, 2019 10:16 am
ozmanos wrote:
Mon Jan 14, 2019 10:09 am
Many thanks for the quick response.
CR001 wrote:
Mon Jan 14, 2019 9:57 am
- Would she qualify to apply for ILR on 22-02-2019, i.e. 5 years in the UK? Would it be a problem that she entered a the UK on 30-03-2014?
It counts from date of first visa issue, so no sooner than within 28 days before 22nd February.
- Form asks 'When did you first enter the UK?' - Should I say 22-02-2014 rather than 30-03-2014, as this would qualify her for 5 year period?

It says ENTER not visa issue, so state the date she ENTERED.
The reason I ask is because the question says:
When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Does the period start when you enter the UK or when you get the visa?
It very clearly states 'DATE YOU ENTERED' and not 'DATE VISA STARTED'.

Don't confuse the immigration rules with a very simple question in the form about when she entered the UK.

Perhaps overthinking.
Thanks CR001, I got confused as the question says this is what you are basing you application on, rather than having it based on visa start date. As long as the 5 year period they'll be checking would be 22-02-2014 to 22-02-2019 and not 30-03-2014 to 30-03-2019, that would be fine.

Regards.

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CULLINAN
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Re: SET (O) - Dependent - Date entered the UK

Post by CULLINAN » Mon Jan 14, 2019 1:11 pm

ozmanos wrote:
Mon Jan 14, 2019 10:31 am
CR001 wrote:
Mon Jan 14, 2019 10:16 am
ozmanos wrote:
Mon Jan 14, 2019 10:09 am
Many thanks for the quick response.
CR001 wrote:
Mon Jan 14, 2019 9:57 am

It counts from date of first visa issue, so no sooner than within 28 days before 22nd February.


It says ENTER not visa issue, so state the date she ENTERED.
The reason I ask is because the question says:
When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Does the period start when you enter the UK or when you get the visa?
It very clearly states 'DATE YOU ENTERED' and not 'DATE VISA STARTED'.

Don't confuse the immigration rules with a very simple question in the form about when she entered the UK.

Perhaps overthinking.
Thanks CR001, I got confused as the question says this is what you are basing you application on, rather than having it based on visa start date. As long as the 5 year period they'll be checking would be 22-02-2014 to 22-02-2019 and not 30-03-2014 to 30-03-2019, that would be fine.

Regards.
CR001 is right it should be date of entry in your case which is March even though initial visa date is Feb.
It would be Feb if she was inside UK and had switched to this category in that case you could use Feb but she clearly entered in March and thats what the question is asking.

Based on your Tier 1 dependent application the date of entry that is March
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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