I am currently on Tier 2 General visa and my wife is on a dependant visa. I will be completing my 5 years on the 01/10/2018 and will be applying for my ILR during October.
I have few questions regarding my wife's ILR application after reading the following document (Indefinite leave to remain: calculating continuous period in UK, Version 17.0) issued by the Home Office.
Under "Absences which will not break continuity in the continuous period" section it says:
"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...."
"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
Here is my wife's case:
Her visa was first issued outside the U.K. on the 29/11/2013.
She entered the UK on the 22/02/2014.
Her current Dependant visa expires on the 04/11/2018.(It says we could apply for the ILR from 28days before the 5 year completion.)
My questions are:Could we start counting the 5 years from the 29/11/2013? If yes, she will be completing her 5 years on the 29/11/2018 but she her current visa expires on the 04/11/2018 but according to the 28days rule, will it be safe to apply on the 01/04/2018 for her ILR?
Appreciate your response.