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ILR for PBS Depandant

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Gbama
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Posts: 2
Joined: Wed Mar 30, 2022 1:52 pm
India

ILR for PBS Depandant

Post by Gbama » Wed Mar 30, 2022 2:14 pm

I have a similar situation could you some one advice me whether my wife is ilr eligible

I got citizenship through tier 2 general pbs visa
My wife entered the country as PBS dependent on August 2016
Her visa got renewed on Jan 2017 for 3 more years
She left the country on April 2017 and return back on February 2018( more than 180 days for paternity spent outside this country)
Her next visa was renewed on May 2019 when I got Ilr for next 3 years until May 2022
I came to know there was a rule applied on january 2018 that for pbs depndent also 180 absence in a year is consider as breach and this is effective for any visa provided after the rule date ,my dependent had a absence of more than 180 days in visa issued before this rule date and it won't be counted for 5 year continous stay requirement. From 2019 to 2022 she has not stayed away from this country for more than 180 days

Please let me know whether my understanding is correct and I can apply for ilr for her rather than one more extension as pbs dependent

Any chance home office can reject her application as there is a absence of more than 180 days in 2017/2018

Thanks

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zimba
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Posts: 23360
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: ILR for PBS Depandant

Post by zimba » Wed Mar 30, 2022 3:11 pm

The rule changes in 2018 ONLY affect her for any visa period issued after 11 Jan 2018. For periods spent under visas issued before that, PBS dependants have NO absence limits. She has been eligible for ILR since August 2021
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Gbama
Newly Registered
Posts: 2
Joined: Wed Mar 30, 2022 1:52 pm
India

Re: ILR for PBS Depandant

Post by Gbama » Wed Mar 30, 2022 3:26 pm

Thanks for your response this really helps me a lot.
I got one more querry, my kid enter this country on Feb 2018 as of now he completed 4 years along with my wife my kid can apply for ilr I am aware of that.
Is there anyway my kid can apply directly for citizenship, as one of the parent is citizen and other will get ilr now.
He was born in India.
Let me know whether I should take ilr route or citizenship
Please share me the link if he can apply for direct citizenship

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zimba
Moderator
Posts: 23360
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR for PBS Depandant

Post by zimba » Wed Mar 30, 2022 6:13 pm

Non-UK born children are expected to hold ILR before they can be registered.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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