PBS dependant's continuous period calculation for ILR

[mma1]

Hello

I've read through a lot of posts regarding the period calculation however could not find any particular answer in relation to where the gap between Entry clearance grant date and Actual entry into the UK is over 180 days - what is the correct method for calculation based on the below information;

Initial visa granted: 07 May 2014, valid until 19 MAY 2016
Entry into the UK: 02 Jan 2015 (240 days after entry clearance)
Extension: 12 May 2016, valid until 12 May 2019

Which date should be considered when applying for PBS dependant ILR?

Thanks in advance

[zimba]

The earliest date you can apply is five years from visa issue date minus 28 days. The qualifying period however is calculated differently.
The qualifying 5 years period required for ILR is counted from the day of application/decision counting backwards and any shortfall in the beginning will be ignored.

PBS dependants do NOT have any absence limits if their visa was issued before 11 Jan 2018.

[mma1]

Dear Zimba

Thank you for your helpful reply.

I contacted the Home Office this morning to clarify on this particular point and their first answer was that if the delay between visa grant date and entry date is over 180 days then the entry date would be used (as for the main applicant), however upon referring to ILR - calculating continuous period in UK, I was told that they can not advise me on that and I should apply according to the PBS dependant guideline and may include a cover letter if I wish to do so.

Now my only worry is that the caseworker may decide the case in haste as the advisor over the phone with the conditions for the main applicant, then the application may be refused.

Do you think including the cover letter and referring to that particular PBS dependant clause will help to avoid the confusion for the caseworker?

Many thanks

[CR001]

In her case, it will likely start counting from date of entry to the UK as her entry was more than 180 days after visa was issued.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

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:

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.

[mma1]

Thank you Zimba - your interpretation of the rules was correct!