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Are dependants subject to the 180-day-no-absence rules?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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sonheaven
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Posts: 38
Joined: Thu Aug 07, 2014 7:03 am

Are dependants subject to the 180-day-no-absence rules?

Post by sonheaven » Thu Aug 07, 2014 7:08 am

Hi !

I and my dependants were granted Tier 1 (Entrepreneur) Entry Clearance. As my child a only 3 years old and I am afraid that he could not get used to the life in the UK, could I bring her to the UK half years later (first entry)? Is he subject to the rule that he could not be absent from the UK for more than 180 days in any calendar year in order to obtain settlement after 5 yrs

I have read from other post that dependants are not subject to this rule but i found no such statement in the immigration rules or the guidance. Can anyone tell me where the source is ? Thanks !

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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United Kingdom

Re: Are dependants subject to the 180-day-no-absence rules?

Post by Amber » Thu Aug 07, 2014 7:27 am

Children are not subject to a residence requirement. However, I think it's far fetched to say a 3 year old couldn't get used to the UK. If anything young children are most adaptable.
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attahaas
Member
Posts: 236
Joined: Tue Jul 01, 2014 4:33 am
Location: LONDON, UK
India

Re: Are dependants subject to the 180-day-no-absence rules?

Post by attahaas » Fri Aug 08, 2014 6:01 am

Agree with Amber regarding children's adaptability to new places.

My sons are 2 and 5, and I am least worried about this issue when moving to different countries, it wouldn't even cross my mind.

We moved to Shanghai from India, when my first son was 6m old, and moved back to India when he was 2y6m old. And now thinking to move again.

It seems like you picked the wrong excuse to not bring him to the UK.
•12-Feb-2015: Applied online (Team), 200K, India
•13-Feb-2015: Submitted documents and biometrics
•25-Feb-2015: Received email saying that they need more time
•03-Mar-2015: Interviewed separately
•05-Mar-2105: Received docs and passport with visa stamped!

sonheaven
Newbie
Posts: 38
Joined: Thu Aug 07, 2014 7:03 am

Re: Are dependants subject to the 180-day-no-absence rules?

Post by sonheaven » Sat Aug 09, 2014 5:23 pm

The reason i said that he may not be get used to the life in the UK is that my son has certain social anxiety disorder. He didnt play with or talk to the children of my neighbour in the past, but now he is getting better. Especially we wont be able to have time to take care of him when we first arrive UK (we need to adapt to the environment too), thats why our family decided to leave him to be taken care by our parents and when we settled in the UK, we will take him there.

If he has not been like this, we will certainly bring him to the uk as soon as we go. Anyway, any reference or source or negative statement regarding the 180 day no absence rules saying that the dependants are not subject to? Thanks !

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