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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 670
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Calculating 5 year of residency for dependent. Entry date vs

Resolved Question:

Calculating 5 year of residency for dependent. Entry date vs visa issued date which one to take. is it 180 day rule applies for dependent too to take between entry date and visa issue date?
Detail - My family joined me in Apr 2, 2013 and their visa start date was mid of Jan 2013. are they eligible for ILR during Mid of Dec 2017 which is 28 days earlier than the visa start date. same like main applicant. They are in Tier 1 dependent (PBS). i have moved to ILR last year. have ringed UK visa office and got mixed response. first time i heard that it will be from visa start date. calculating from application date back wards till five years and any absence from visa start date and entry date will be caluclated to 180 days absense. my other friend ringged them up and got to know that it will be from entry date and through visa date. again i called them back and discussed and i got the confirmation for visa start date. bit consufused what to take now? if entry date then i am sort of 18 days and i need to pay twice, one for extension and other for ILR.
do you have an answer and if yes, could you please point me to the right gov link to justify your answer.
Submitted: 24 days ago.
Category: Immigration Law
Expert:  frantzgregory replied 23 days ago.

I have given this support before, the relevant date is the visa issue date and not the entry date.

Customer: replied 23 days ago.
Thank you! Is there any specific document or case that I can refer to in my application?
Expert:  frantzgregory replied 23 days ago.

There is somewhere I will have to locate it.

Customer: replied 23 days ago.
Have you located it? Would you be sharing this information?
Expert:  frantzgregory replied 22 days ago.

Sorry cant find it but you will see a similar guidance under the Tier 2 policy document for ILR at paragraph 263.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606182/Tier_2_Policy_Guidance_04_17.pdf

Customer: replied 22 days ago.
Thank you for replying quickly!
Gone through the reference and I cannot see anything specific for dependent.. am I looking it incorrectly? Is the same rule of main applicant applies to dependednt too?
Expert:  frantzgregory replied 22 days ago.

YES the policy for main applicants also applies to dependants.

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 22 days ago.
Thank you! I am closing this thread. I will click on finish and will give you high rating.. however I haven’t got the exact evidence to support my document.. I will go with your words and going for in person appointment.. thanks a lot!!Reason to come here andI ask the question is based on conflict of answer provided in multiple immigration forums..I am going with your words.. have a nice evening!!
Expert:  frantzgregory replied 22 days ago.

The information you received form the Home Office is correct " ... first time i heard that it will be from visa start date. calculating from application date back wards till five years and any absence from visa start date and entry date will be calculated to 180 days absence."

Please note that you can only apply NO MORE THAN 28 days before.

We must advice those using JustAnswer that they must seek legal advice before making expensive applications and that JustAnswer does not give legal advice.