Tier 1(Entrepreneur) PBS Dependent Calculating 5 year qualifying period for ILR

[Hasslefree]

Dear All,

Please help me calculate 5 year qualifying period for my daughter who was my dependent in my main applicant application. she was under 18 at the time of entry clearance visa but now she is over 18. I have got Tier 1 Entrepreneur visa and will apply for ILR in May this year (2019). Just need to know if I get ILR, when is the earliest my daughter can apply for ILR, taking advantage of the 90 or 180 days absence period as a start for the 5 year qualifying period (If there is such a provision). The timeline is as follows:

Date of Birth: March 2001
Tier 1 dependent visa granted on: 14.11.2014
Arrived in UK: 15.05 2015 (resided in UK from 15.05.2015 to date without any absence)
2 years Extension granted on: 13.06.2018 (Expires on 13.06.2020)
5 years from date of entry complete on: 15.05.2020
5 years from date of grant of entry clearance complete on: 14.11.2019

Obviously she can apply for ILR 28 days before 15.05.2015 in normal situation.

But she need ILR or settled status for university admission to be considered as home student.

Can she apply for ILR 180 days prior to normal application date i.e say can she apply for ILR on 15 November 2019 instead of 15.05.2020, while requesting to count the 5 years period from 15.11.2014 and count initial 180 of this 5 years qualifying period as allowed absence?

Or the same for the 90 days period, as I am not aware of this.

All replies thanked in advance.

[CR001]

Can she apply for ILR 180 days prior to normal application date

No she cannot. It doesn't work like that. If she entered the UK more than 180 days after her initial visa issue date, her residence starts counting from the date of entry.

She appears to have entered the UK 182 days after her visa was issued, so can't use the visa issue date as the start of her residence.

https://www.timeanddate.com/date/datead ... d=180&rec=

[Hasslefree]

Got it. Thanks so much for reply.

[Hasslefree]

Can she apply for ILR 180 days prior to normal application date

No she cannot. It doesn't work like that. If she entered the UK more than 180 days after her initial visa issue date, her residence starts counting from the date of entry.

She appears to have entered the UK 182 days after her visa was issued, so can't use the visa issue date as the start of her residence.

https://www.timeanddate.com/date/datead ... d=180&rec=

Respected CR001, just need one more confirmation. She entered UK on 15 May 2015 so her 5 years complete on 15 May 2020 (no absences), can she apply 28 days before 15 May 2020, i.e on 17 April 2020?

[CR001]

Yes

[mma1]

Hello

It appears @Zimba and @CR001 to have a differing opinion on this matter, probably based on two individual paragraphs of the same document Calculation continuous leave which if read together @CR001 seems correct and if read separately @Zimba seems correct! Don't know which side to lean

One user confirmed to have ILR granted where the gap was more than 180 days! PBS dependant ILR - 180 day rule

[Hasslefree]

Hello

It appears @Zimba and @CR001 to have a differing opinion on this matter, probably based on two individual paragraphs of the same document Calculation continuous leave which if read together @CR001 seems correct and if read separately @Zimba seems correct! Don't know which side to lean

One user confirmed to have ILR granted where the gap was more than 180 days! PBS dependant ILR - 180 day rule

This is really helpful and interesting. Only @zimba or @CR001 can thrash this ridle. Hope they will shed more light on this.

[Hasslefree]

Can she apply for ILR 180 days prior to normal application date

No she cannot. It doesn't work like that. If she entered the UK more than 180 days after her initial visa issue date, her residence starts counting from the date of entry.

She appears to have entered the UK 182 days after her visa was issued, so can't use the visa issue date as the start of her residence.

https://www.timeanddate.com/date/datead ... d=180&rec=

"PBS and Appendix W dependants:
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018."

This rule above clearly mentions that absences under periods of leave under rules in place before11 Jan 2018 should not be counted. I am perplexed now. Please help.

[Hasslefree]

Dear seniors and gurus please check rule
319E.d.(ii) part (d).2 of immigration rules. It is for all point based system dependent partners. Also a dependent child can apply in the same application if fulfilling the requirements of 319J.(e).

[Hasslefree]

Can she apply for ILR 180 days prior to normal application date

No she cannot. It doesn't work like that. If she entered the UK more than 180 days after her initial visa issue date, her residence starts counting from the date of entry.

She appears to have entered the UK 182 days after her visa was issued, so can't use the visa issue date as the start of her residence.

https://www.timeanddate.com/date/datead ... d=180&rec=

Dear CR001, how do you explain the latest set(0) form for pbs dependents, where in personal history section the only absences asked about are after 11 January 2018?
It supports the interpretation that 180 days rule does not apply to PBS dependent applicants who got their visa entry clearance before 11 Jan 2018.

[Hasslefree]

Does the 180 days absence rule apply to tier 1 dependents while calculating the 5 years continuous period? If yes then how do we explain the latest set(0) form for pbs dependents, where in personal history section the only absences asked about are after 11 January 2018?
It apparently supports the interpretation that 180 days rule does not apply to PBS dependent applicants who got their visa entry clearance before 11 Jan 2018. Please advise.

[CULLINAN]

Does the 180 days absence rule apply to tier 1 dependents while calculating the 5 years continuous period? If yes then how do we explain the latest set(0) form for pbs dependents, where in personal history section the only absences asked about are after 11 January 2018?
It apparently supports the interpretation that 180 days rule does not apply to PBS dependent applicants who got their visa entry clearance before 11 Jan 2018. Please advise.

Correct. Absences for visa granted after 11 Jan 2018 will count only.

[mma1]

This week PBS dependant applied & granted for ILR where the gap between the grant date and entry date was more than 180 days. So, it seems that Zimba's interpretation of the rules is correct! Good luck!

[zimba]

Great I assumed that given there is no absence limit, the period between entry date and visa issue date must not be relevant either