Calculating continuous period for PBS dependent

[sustbd]

Hello there,
I got my ILR in August, 2020 via Tier 2-- 5 years route. My wife is in PBS dependent visa which will expire at the second week of April, 2021. Her visa was extended twice and total duration until expiration date is 4 years, 10 months, 19 days excluding the end date which is less than 4 years 11 months 2 days. That means she can not apply for ILR with her current visa. She was out side of the UK 10 months 3 days from July, 2016-May, 2017. My questions are:

1. What visa extension route should be taken by my wife to complete 5 years for ILR application?
2. Will the absences of 10 months 3 days from July, 2016-May, 2017 be counted as absences from continuous period?
3. Will she able to apply for ILR straight way after completing 5 years or she needs to complete any qualifying period of the family visa of a settled person in case of visa extension as a family member of a settled person?

Your experienced answers will be much appreciated.

Kind regards,

sustbd

[CULLINAN]

What is her initial visa issue date?

[sustbd]

What is her initial visa issue date?

It is 22/05/2016

[CULLINAN]

What is her initial visa issue date?

It is 22/05/2016

She will qualify for ILR on 24th April 2021. As you said her current visa is expiring in the second week of April so I would assume 14th April 2021 for the following.

Apply on 13th April 2021 for ILR and book a biometrics appointment after 24th April. As long a decision is made on the date when she actually qualifies CW should calculate her continuous residency backwards from the date of decision.

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

https://assets.publishing.service.gov.u ... gov-uk.pdf

She needs to complete 5 years minus 28 days on PBS dependent visa. Apply on SET(O).

[sustbd]

What is her initial visa issue date?

It is 22/05/2016

She will qualify for ILR on 24th April 2021. As you said her current visa is expiring in the second week of April so I would assume 14th April 2021 for the following.

Apply on 13th April 2021 for ILR and book a biometrics appointment after 24th April. As long a decision is made on the date when she actually qualifies CW should calculate her continuous residency backwards from the date of decision.

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

https://assets.publishing.service.gov.u ... gov-uk.pdf

She needs to complete 5 years minus 28 days on PBS dependent visa. Apply on SET(O).

Her visa is going to expire on April 10, 2021.

[CULLINAN]

Apply online on 9th April 2021 (must apply before visa expiry) and book a biometrics appointment after 24th April 2021 (when she qualifies). A decision without biometrics can not be made before 24th April 2021 so the CW must calculate the relevant qualifying period by counting backward from date of decision. You can refer to the above guidance in the cover letter.

[sustbd]

As per as I know She is not allowed to submit her application before April 24, 2021. If she apply at April 24, 2021 then April 10 to April 24 she will have no visa which can be an issue of legal stay.

[zimba]

As per as I know She is not allowed to submit her application before April 24, 2021. If she apply at April 24, 2021 then April 10 to April 24 she will have no visa which can be an issue of legal stay.

She must apply before visa expiry then book her appointment for 24th or onwards as instructed. Section 3C will cover the remaining legal stay period required towards ILR

indefinite-leave-to-remain/dependants-d ... l#p1941839

[sustbd]

Many thanks Zimba and Cullinan for the information. Will her absences (10 months 3 days from July, 2016-May, 2017) from the UK be considered in her 5 years continuous period? Her 1st leave was granted from 22/05/2020 to 14/09/2017. I found as follows:

"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 partner’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."

Many thanks.

[CR001]

Many thanks Zimba and Cullinan for the information. Will her absences (10 months 3 days from July, 2016-May, 2017) from the UK be considered in her 5 years continuous period? Her 1st leave was granted from 22/05/2020 to 14/09/2017. I found as follows:

No!!

[sustbd]

Many thanks Zimba and Cullinan for the information. Will her absences (10 months 3 days from July, 2016-May, 2017) from the UK be considered in her 5 years continuous period? Her 1st leave was granted from 22/05/2020 to 14/09/2017. I found as follows:

No!!

Hello CR001,
Many thanks. I believe by answering 'No' you mean that my wife can apply for ILR before expiring her current visa and her 10 months 3 days absences will not be counted as absences from the UK. This absences will be the part of the 5 years continuous period. Please correct me if I am wrong.

Kind regards,

sustbd

[CR001]

Any absences before 11th January 2018 and visas issued before this date are irrelevant.

[sustbd]

Hello,
I am planning to apply for ILR for my wife. Would you please let me know the new rule for calculating the continuous period for PBS Dependent (Tier 2 route). Many thanks in advance.

Kind regards,

sustbd

[zimba]

Hello,
I am planning to apply for ILR for my wife. Would you please let me know the new rule for calculating the continuous period for PBS Dependent (Tier 2 route). Many thanks in advance.

Kind regards,

sustbd

There is no new rule. There is no absence requirement for periods of visa granted before 11 Jan 2018. For visas granted on or after 11 Jan 2018, the max 180 days in each year (rolling calculation) applies, just the same as for the main applicants

[sustbd]

Hello,
I am planning to apply for ILR for my wife. Would you please let me know the new rule for calculating the continuous period for PBS Dependent (Tier 2 route). Many thanks in advance.

Kind regards,

sustbd

There is no new rule. There is no absence requirement for periods of visa granted before 11 Jan 2018. For visas granted on or after 11 Jan 2018, the max 180 days in each year (rolling calculation) applies, just the same as for the main applicants

Many thanks Zimba.

[sustbd]

Dear Moderators/experts,
I need help for the following situation:

My wife is Tier 2 dependent and her visa will expire on April 10, 2021.
Her 1st Tier 2 dependent visa was issue on May 22, 2016 and she is allowed to apply for ILR April 24, 2021.

According to Indefinite leave to remain: calculating continuous period in UK (Version 22.0) page 10:

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. (We have submitted her application on 06/04/2021 (with Priority) well before the 28 days as her visa is going to expire on 10/04/2021. Will it be a problem?)
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 (Not applicable: as 06/04/2021 is well before the qualifying period)
• the date of decision (Should we book the Biometric after May 22, 2021 to complete 5 years? As due to priority service the decision will be made within 5 working days. )
• any date up to 28 days after the date of application (Not applicable: as any date in between April 6, 2021 and May 22, 2021 will not complete 5 years and May 22, 2021 is out of 28 days of the date of application)

Please suggest what will be best date for biometric appointment which will not be an issue for making ILR decision. Many thanks in advance.

Kind regards,

sustbd

[zimba]

The appointment date should fall on or after the date of ILR eligibility. That is 28 days from completing the 5 years. After 11 April, she will be under section 3C and her time spent under section 3C is counted as lawful residence

[sustbd]

The appointment date should fall on or after the date of ILR eligibility. That is 28 days from completing the 5 years. After 11 April, she will be under section 3C and her time spent under section 3C is counted as lawful residence

Many thanks Zimba.