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when can i apply 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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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happypie
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when can i apply for ILR

Post by happypie » Fri Mar 29, 2019 10:47 am

I am on tier 2 dependent visa.

main applicant has just got ILR.

first tier 2 dependent visa was issued on 20/05/2014 and i arrived in UK on 15/06/2014.

i was under impression that i can apply for ILR 28 days before 5 years of visa issue date so 28 days before 20/05/2019. however when i started filling form gov website says that dependent should be in UK with main applicant for 5 years before becoming eligible for ILR, so which means i should be eligible on 15/06/2019 as thats when i complete 5 years in UK with main applicant or may be 28 days before 15/06/2019?

i am so confused with these 3 options.
please let me know if you need more information to answer my question.
thanks.

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CR001
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Re: when can i apply for ILR

Post by CR001 » Fri Mar 29, 2019 10:53 am

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.

HO know the rules.
Char (CR001 not Casa)
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happypie
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Re: when can i apply for ILR

Post by happypie » Fri Mar 29, 2019 11:05 am

CR001 wrote:
Fri Mar 29, 2019 10:53 am
You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.

HO know the rules.
thanks CR001.
i am getting confused with following lines on gov website -

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

from - https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

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CR001
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Re: when can i apply for ILR

Post by CR001 » Fri Mar 29, 2019 11:06 am

You are overthinking.

HO is obviously aware of the '28 days before 5 years' concession!!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

happypie
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Re: when can i apply for ILR

Post by happypie » Fri Mar 29, 2019 11:09 am

CR001 wrote:
Fri Mar 29, 2019 11:06 am
You are overthinking.

HO is obviously aware of the '28 days before 5 years' concession!!!
thanks CR001 once again.
so basically period between visa issue date and uk enter date would be considered leave i guess?

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CR001
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Re: when can i apply for ILR

Post by CR001 » Fri Mar 29, 2019 11:23 am

happypie wrote:
Fri Mar 29, 2019 11:09 am
CR001 wrote:
Fri Mar 29, 2019 11:06 am
You are overthinking.

HO is obviously aware of the '28 days before 5 years' concession!!!
thanks CR001 once again.
so basically period between visa issue date and uk enter date would be considered leave i guess?
Yes. See link and rules below.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820
vinny wrote:
Sun Jan 14, 2018 1:42 am
vinny wrote:
Sun Jan 14, 2018 1:22 am
vinny wrote:
Sun Jan 07, 2018 11:35 pm
Note the absence (pun intended) of family members in Categories covered by this guidance.
****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!
This means that PBS dependants may now also take advantage of the following:
Indefinite leave to remain: calculating continuous period in UK wrote: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.
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.

happypie
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Joined: Mon Sep 19, 2016 9:01 pm

Re: when can i apply for ILR

Post by happypie » Mon Apr 01, 2019 9:41 pm

thank you for confirming. appreciate it.

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