Tier2 Dependent Ilr holidays Calculation

[rka9b]

Hi Members,

I am Brtiish Citizen, and wife is appllying for ILR on Tier2 dependent visa
Below are the details:
14/10/2015 (entred UK) - 30/01/2018
22/01/2018(Visa Extension)- 22/01/2021

Holidays list:
12/07/2019-12/11/2019 ( 62 days)
25/02/2020 - 19/08/2020) (176 days) ( should have returned on March 19th 2020 , Due to Covid 19 there is no flights. flights resumed from August 17, 2020)



Planning to submit application online on 16/10/2020.

Did my wife broke 180 days, 12 months rolling period rule.

Any help or suggestions greatly apperciated.

Thank you
Rajesh

[alex132]

176 days is less than 180 days

[CULLINAN]

PBS dependents have no absence limit for any leave granted before 11th Jan 2018 but your last leave was granted on 22nd Jan 2018. I think you have exceeded the limit on rolling basis.

[rka9b]

Hi All,
So according to new rules only 180 days holidays is allowed for 5 years, please any one can confirm this and if so please provid the link for that .

Thank you for all the answers.

[CR001]

Hi All,
So according to new rules only 180 days holidays is allowed for 5 years, please any one can confirm this and if so please provid the link for that .

Thank you for all the answers.

180 days in any 12 month rolling period if they have a visa or visa extension granted on or after 11 January 2018.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

[rka9b]

Hi CR001,

Thank you for the reply , but still confused. Please can any you confirm is only 180 days holidays days for whole 5 years. Please for this answer Yes or NO Please see her details below:

Visa details:
14/10/2015 (entred UK) - 30/01/2018
22/01/2018(Visa Extension)- 22/01/2021

Holidays list:
12/07/2019-12/11/2019 ( 62 days)
25/02/2020 - 19/08/2020) (176 days) ( should have returned on March 19th 2020 , Due to Covid 19 there is no flights. flights resumed from August 17, 2020)

is she eligible for ILR?

Thank you for the support.

[CR001]

Please can any you confirm is only 180 days holidays days for whole 5 years. Please for this answer Yes or NO

No. It is any absence, even if multiple times, of 180 days in any 12 month period.

22/01/2018(Visa Extension)- 22/01/2021

Absence only counts from this visa extension date. Absence before this don't count.

Holidays list:
12/07/2019-12/11/2019 ( 62 days)
25/02/2020 - 19/08/2020) (176 days) ( should have returned on March 19th 2020 , Due to Covid 19 there is no flights. flights resumed from August 17, 2020)

is she eligible for ILR?

She has more than 180 days between 12/7/2019 and 11/7/2020, which breaks her residence for ilr. There has been no relaxation of the absence rules for PBS dependents as far as I am aware.

[rka9b]

Hi CR001,

Thank you now its clear.

Actually we booked flights from 25/02/2020 returning on 19/03/2020, due to covid 19 the British airways and other flight operator cancel all the flights and our intentions is never stay back . We have proof for the tickets booking with agents. The flights resumed from August 17. is there any chance can my wife write covering letter explaining this and apply for ILR.

Thank you for the support.