Tier 2 dependent visa applying for ILR

[ItsRainingAgain]

Main applicant ILR granted based on 5 years Tier 2 on June 2018 but there dependent needs to apply next year... here are details for them...

Tier 2 dependent : 20/08/2014
First time dependent entered UK : 24/10/2014
Tier 2 dependent visa expiry : 16/07/2019
Tier 2 dependent 5 years will complete on : 20/08/2019

How to cover time between visa expiry on 16/07/2019 and 20/08/2019 for tier 2 dependent ?

Thank you for your time

[ItsRainingAgain]

Anyone please ?

Thank you

[ItsRainingAgain]

gurus please

[ItsRainingAgain]

Anyone please ?

[CR001]

You will have to apply for an extension and vary to ILR when the requirements are met.

[ItsRainingAgain]

You will have to apply for an extension and vary to ILR when the requirements are met.

Hi CR001,

Can Tier 2 dependent calculate 5 years from the date they received visa OR the date they entered UK ?

I was above calculating date of eligible for Tier 2 dependent based on following formula,

Earliest date can apply ILR = Visa Granted Date - 28 days

I got suspicions because in following post, Tier 2 dependent visa rejected because they calculated date from first entry not visa granted and I know it's a old post in 2017, are rules changed ?

indefinite-leave-to-remain/urgent-vary- ... 45196.html

Thank you so much !

[CR001]

It is date of visa issue.

Don't read old posts from 2017. The rules changed in January last year.

[ItsRainingAgain]

It is date of visa issue.

Don't read old posts from 2017. The rules changed in January last year.

Thank you so much for confirmation !

[khan_80]

It is date of visa issue.

Don't read old posts from 2017. The rules changed in January last year.

Hi CR001
Actually I am applying for My Family ILR next week and their Entry clearance was under Tier 1 G on 31st March 2014 but enter UK 5th Sep 2014. As I checked the documents for calculating continues period which says below. and according to this we can use the time between entry clearance and entry to UK towards the 5 years qualifying period.

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[aman90]

It is date of visa issue.

Don't read old posts from 2017. The rules changed in January last year.

Hi CR001
Actually I am applying for My Family ILR next week and their Entry clearance was under Tier 1 G on 31st March 2014 but enter UK 5th Sep 2014. As I checked the documents for calculating continues period which says below. and according to this we can use the time between entry clearance and entry to UK towards the 5 years qualifying period.

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Are you just repeating or confirming what CR001 said or asking a question..

[khan_80]

It is date of visa issue.

Don't read old posts from 2017. The rules changed in January last year.

Hi CR001
Actually I am applying for My Family ILR next week and their Entry clearance was under Tier 1 G on 31st March 2014 but enter UK 5th Sep 2014. As I checked the documents for calculating continues period which says below. and according to this we can use the time between entry clearance and entry to UK towards the 5 years qualifying period.

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Are you just repeating or confirming what CR001 said or asking a question..

Hi Aman90
I am a bit confuse as CR001 first says to do extension and then later says the visa date is counted. So if we count from the Visa date, then no need extension as they can apply for ILR yes.

Also in my cases I am preparing my family application on same assumption that we can count the time between the visa issue date towards the 5 years although my family enter UK after 5 months of the Visa Issue.

[aman90]

Tier 2 dependent : 20/08/2014
First time dependent entered UK : 24/10/2014
Tier 2 dependent visa expiry : 16/07/2019
Tier 2 dependent 5 years will complete on : 20/08/2019

How to cover time between visa expiry on 16/07/2019 and 20/08/2019 for tier 2 dependent ?

Hi Aman90
I am a bit confuse as CR001 first says to do extension and then later says the visa date is counted. So if we count from the Visa date, then no need extension as they can apply for ILR yes.

Also in my cases I am preparing my family application on same assumption that we can count the time between the visa issue date towards the 5 years although my family enter UK after 5 months of the Visa Issue.
[/quote]

Because OPs visa expires before "within 28 days" qualifying period.

[khan_80]

Tier 2 dependent : 20/08/2014
First time dependent entered UK : 24/10/2014
Tier 2 dependent visa expiry : 16/07/2019
Tier 2 dependent 5 years will complete on : 20/08/2019

How to cover time between visa expiry on 16/07/2019 and 20/08/2019 for tier 2 dependent ?

Hi Aman90
I am a bit confuse as CR001 first says to do extension and then later says the visa date is counted. So if we count from the Visa date, then no need extension as they can apply for ILR yes.

Also in my cases I am preparing my family application on same assumption that we can count the time between the visa issue date towards the 5 years although my family enter UK after 5 months of the Visa Issue.

Because OPs visa expires before "within 28 days" qualifying period.
[/quote]
Hi aman90
Sorry its my mistake as I miscalculated as by mistake I was calculating from 26/7/2019 not 16/7/2019.

thanks for clarification.

[aman90]

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Does the above mean that someone in OP's position can straight away apply for ILR instead?

[ItsRainingAgain]

Can someone explain process of varying application please ?

From Tier 2 dependent to ILR possibly one day service...

Thank youuuuuuuuuuuuuuuuu in advance!

[ItsRainingAgain]

Please ?

[ItsRainingAgain]

You will have to apply for an extension and vary to ILR when the requirements are met.

Hi, I am preparing for dependent applications (1 for extension and 1 for there varying tier 2 to ILR)

as when they will be applying for ILR, there visa will be expired, even though they will apply before visa is expired...

what will go in form below ???

[CR001]

I cannot see the image you have tried to attach!!

[ItsRainingAgain]

I cannot see the image you have tried to attach!!

Hi, Yes I can see it attached.

Try this link maybe ?

https://image.prntscr.com/image/ZB7e0fe ... sBxMPA.png

[CR001]

Nope, says "forbidden".

Can you not type out what you are asking about??

[ItsRainingAgain]

Nope, says "forbidden".

Can you not type out what you are asking about??

Below is the text from the image


Set (O)
Part complete
Evidence for not applying before expiration

Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? (Required)
For example, you were in hospital or had a death in your immediate family. You will have to prove your exceptional situation if you answer 'Yes'.

Yes
No


Give details about the reason
Maximum of 500 characters
If you are able to, confirm that you will provide

Evidence proving Mr(s)XXXXXXXXX's exceptional situation such as a doctor's note or death notice for a close family member

[CR001]

How is this relevant if the visa is still valid till 16 July???

[ItsRainingAgain]

How is this relevant if the visa is still valid till 16 July???

When I will be applying for ILR for my dependent on 23/07/2019, there visa will be already expired and I will have to enter something on this screen.

I reached this screen by mocking an old date for now

[CR001]

She doesn't have exceptional compassionate reasons for applying out of time based on what you have stated. You should follow the advice that has been given already about varying an extension.

Applying out if time givers her no legal status and section 3c protection. No work rights or NHS entitlements either.

[ItsRainingAgain]

She doesn't have exceptional compassionate reasons for applying out of time based on what you have stated. You should follow the advice that has been given already about varying an extension.

Applying out if time givers her no legal status and section 3c protection. No work rights or NHS entitlements either.

This question comes up or will come up on 20/07/2019, when I will be varying tier 2 dependent application to ILR...

Now in SET O application form online, I already chosen that I am varying application and provided a fake application id for now which system accepted to proceed with application and see what else is it's asking.

Based on your suggestions, I chosen following answers,

• Do you have a visa, leave to enter or remain or other permission to be in the UK? NO

• Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? NO

Please let me know if am doing it right, I don't have as much knowledge as you regarding immigration matters.