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Is 90 days absence rule apply on tier-1 general dependent?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Shaw123
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Is 90 days absence rule apply on tier-1 general dependent?

Post by Shaw123 » Mon Nov 10, 2014 9:22 pm

My wife and I are going for a premium service next week to apply for our settlement visa. I am the main applicant (on tier-1 general) while my wife depends on me. She got her visa in Mar 2011 so she is eligible to apply for her ILR with me. Now the issue is that she was out of the UK for around 134 days in 2012 and then 50 days in 2013.

I know that the main applicant cannot remain outside the UK for 180 days in a year and neither 90 consecutive days. But I am not sure if that applies to tier-1 general dependent. Can some expert advice me on this please.

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CR001
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Re: Is 90 days absence rule apply on tier-1 general dependen

Post by CR001 » Mon Nov 10, 2014 9:30 pm

90 consecutive days
Where exactly does it say this??

Your wife should be fine as long as her absence was for a good reason. They are not excessive really.
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Shaw123
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Re: Is 90 days absence rule apply on tier-1 general dependen

Post by Shaw123 » Tue Nov 11, 2014 8:22 am

Thanks for your reply. Can you elaborate more on what do you mean by "for a good reason". Do I need to provide some evidence for her absences as well?

Regarding the 90 days I have heard it from few people and saw it in few places but I am not sure whether that rule still exist.

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Re: Is 90 days absence rule apply on tier-1 general dependen

Post by CR001 » Tue Nov 11, 2014 10:16 am

The absence rule is no more than 180 days (even in one stretch) in any 12 month cycle.

It should not be an issue for your dependent as the absences are quite low.
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Shaw123
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Re: Is 90 days absence rule apply on tier-1 general dependen

Post by Shaw123 » Tue Nov 11, 2014 1:27 pm

Many thanks CR001

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