Tier 2 General visa & dependants applying for ILR - Query related to "90 day" rule and dependent visa validity

[av_saggi]

Dear Moderators,

I have few queries regarding ILR. Hopefully you can clarify them and help me.

Here are details about myself and my dependants -

1. Main applicant (me) - I am on Tier 2 General Visa. My visa start date is 5th June 2013. I landed in UK on 17th Aug 2013. So there is a difference of 74 days (ie less than 3 months) between my visa start date and my entry in UK. I have been with the same employer on UK payroll since then and have never been outside UK for more than 180 days in any year. My visa has been further extended till 13th June 2019.
2. Dependent (my wife) - She is on Tier 2 General dependent Visa. Her visa start date is 8th Oct 2013 and she landed in UK on 17th Oct 2013. She too has never been outside UK for more than 180 days in any year. Her visa too has been further extended till 13th June 2019.
3. Dependent (my daughter) - She too is on Tier 2 General dependent visa. She was born in UK on 16th Feb 2016. Her visa start date is 20th Sept 2016 and end date is 13th June 2019.

My queries are -

1. When can I apply for ILR? Is it 28 days before 5th June 2018 - Visa start date (as per "90 day" rule)? Or 28 days before 17th Aug 2018 - UK entry date?
2. If I apply for ILR before my dependants then will their Tier 2 General dependent visa remain valid until 13th June 2019?
3. I am assuming that my wife can apply for her ILR 28 days before 17th Oct 2018. Is my understanding correct or can she apply along with me?
4. As my daughter is born in UK and assuming I get my ILR and her dependent visa will stay valid after my ILR, can I directly apply for her British citizenship rather than ILR? If yes, when can I apply?

Thanks in advance

[vinny]

1. Visa start date (Q4).

2. Yes.

3. No sooner than 28 days before 17th Oct 2018.

4. Yes. Entitled to register immediately after a parent is granted ILR.

[av_saggi]

Thank you for a very quick reply!

[av_saggi]

Dear Moderators,

I recently checked the “calculating continuous residence” link - https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

And it confused me. Can you please help me understand if something has changed and if it has then does it change my applicable dates mentioned in my first post here?

Thanks in advance.

[vinny]

I think the 90 days was replaced by 180 days, but absences are now accumulated differently.

However, PBS family members may also benefit. So, in answer to question 3., they may apply slightly sooner, if necessary.

[av_saggi]

Thanks Vinni.

Has only way absences are calculated changed or something else as well?

Just to reiterate. My info -
Main applicant (me) - I am on Tier 2 General Visa. My visa start date is 5th June 2013. I landed in UK on 17th Aug 2013. So there is a difference of 74 days (ie less than 180 days) between my visa start date and my entry in UK. I have been with the same employer on UK payroll since then and have never been outside UK for more than 180 days in any year. My visa has been further extended till 13th June 2019.

Based on above info -
You mentioned that I should be able to apply for ILR 28 days before my visa start date. That still holds true right? As I mentioned if only thing that has changed is way absences are calculated then thats fine as I have never spent more than 180 days outside Uk in any year.

Thank you very much.

[vinny]

Looks okay.