Continuous residence rule for ILR applicants under PBS

[arunilr84]

Hi All,

I just need some clarification about the 180 days absence rule for PBS dependent which was implemented on feb 2018.

My first entry for my wife Apr 2016 and then extended on Nov 2016 to 3 years so it's upto Nov 2019 and then extended till Nov 2022.

In the meantime she stayed in India from Jan 2017 to Sep 2018(it is more than 180 days).

As per rule 180 days absence implemented on Jan 2018 but my wife entry clearance happened on 2016 and we did the last visa extension on 2019 that happened only after rule changes

holidays

first visa stamp date : 17/04/2016
first uk entry date: 17/04/2016

Absense from uk to india
------------------------------------------------
absense from 10/01/2017 to 30/09/2018 ---- 628 days
absense from 11/08/2019 to 04/10/2019 ---- 54 days

Are we still eligible to apply for ILR ?

[zimba]

There is no absence limit for a visa period that was issued before 11 Jan 2018. The absence limit applies only after Nov 2019 when visa was extended

[arunilr84]

Thanks Zimba, I hope we need to mention on the form only after Nov 2019 extension holidays and we did't take any holidays after last extension

First entry 17/04/2016
Second extension 05/12/2016 to 12/11/2019
Third extension 06/11/2019 to 06/11/2022

holidays
------------------------------------------------
absense from 10/01/2017 to 30/09/2018 ---- 628 days
absense from 11/08/2019 to 04/10/2019 ---- 54 days

[AmazonianX]

Thanks Zimba, I hope we need to mention on the form only after Nov 2019 extension holidays and we did't take any holidays after last extension

First entry 17/04/2016
Second extension 05/12/2016 to 12/11/2019
Third extension 06/11/2019 to 06/11/2022

holidays
------------------------------------------------
absense from 10/01/2017 to 30/09/2018 ---- 628 days
absense from 11/08/2019 to 04/10/2019 ---- 54 days

As stated earlier, it is only any absences post your November 2019 that needs to be mentioned.