Enquiry about 180 days at any time in 12 months period

Hi there,

The scenario is as follows:

I have settlement visa. My wife is now on PBS tier 2 dependent visa.

My wife arrived in the UK on 25.11.2013.

We went to India on the 10th December 2014 and came back on the 29th December 2014

Then, followed by the arrival of our first baby, my wife again went to India on the 24th July 2015 and has a plan to come back on the 20th January 2016.

My query is if this will break the provision of continuous period in the UK. I understand that staying outside the UK for more than 180 days at any time in the consecutive 12 month period will affect the application for ILR. It will be greatly appreciated if you could advise me regarding the above.

Thanks

Kind Regards
Binoy Jose

Your wife cannot be on PBS dependant leave if you yourself are on a "settlement visa".
To be in UK on a "settlement visa" you must be married to a settled person or a British citizen. But you are married to a PBS dependant!
Since polygamy is not allowed, you cannot be married to a PBS dependant and also another person at the same time.
So, you do not have "settlement visa".

What you may have, now, is "settled status", commonly known as ILR - making you a settled person.

If that is so and if you were granted settlement under the PBS route and not long residency, then -
PBS depedant is not subject to "absences from UK" requirement (319E).