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An absence since 11 January 2018 but before a first relevant dependant visa

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

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User0981
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Joined: Mon Sep 16, 2019 10:40 pm
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An absence since 11 January 2018 but before a first relevant dependant visa

Post by User0981 » Mon Aug 28, 2023 7:56 pm

Hello. My question is in relation to this question for a dependant ILR application via 'Set (O)':

'Have you had any absences from the UK during any leave granted since 11 January 2018?'

Some background info:

The applicant got their first dependant visa, on which the ILR application is based, on the date Y. (The applicant arrived in the UK and has been living in the UK.)

However, the applicant also got their visitor visa on the date X, which the applicant used to visit the UK (i.e., the applicant came to the UK and left it before the date Y).

Both dates X and Y are after the 11th of January 2018.

After the question in application:

'Have you had any absences from the UK during any leave granted since 11 January 2018?'

the applicant can be asked to provide information about absences, including this question for each absence:

'Which countries did you visit or travel through when absent from the UK and Crown Dependencies?'

What I am not sure about is whether it is necessary there to provide absence(s) from the UK since 11 January 2018 but before the date Y (when the applicant got their first dependant visa on which the ILR application is based)?

The 'common sense' might tell that it might be not necessary since the applicant was absent from the UK before they got the first dependant visa on which the ILR application is based (assuming the context is the period on which the ILR application is based and assuming that section is related to an earlier question 'When did you first enter the UK?' with a 'hint' in the applicant form 'This is the date you entered the UK when the period of stay you are basing this application on started.').

However, technically speaking, a visitor visa is still a leave, and if the applicant got a visitor visa and visited the UK (and left the UK) since 11 January 2018, then, technically, it is covered for the applicant under 'Have you had any absences from the UK during any leave granted since 11 January 2018?', and then the absence from the UK in the period between leaving the UK whilst on a visitor visa and coming to the UK on the first dependant visa technically should be included as one of those absences.

From your point of view, could you tell me, please, should such an absence be included in the application? If it is not necessary to include it there, is it still fine to include it, just to be on the safe side?

Thanks a lot.

AmazonianX
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Re: An absence since 11 January 2018 but before a first relevant dependant visa

Post by AmazonianX » Mon Aug 28, 2023 8:41 pm

HO is not looking for technicalities or ways to catch applicants out and short change them. Where something of the nature happens is most probably due to misinterpretation by CW.
To your question, it should be for periods covered by the 5years on which the application is based on vis travels after 11th January 2018.

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zimba
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Re: An absence since 11 January 2018 but before a first relevant dependant visa

Post by zimba » Tue Aug 29, 2023 4:17 am

You are overthinking this whole matter. The form is NOT a full disclosure, so do not treat it as such. Absences in an ILR application refer ONLY to the ILR qualifying period.
'Have you had any absences from the UK during any leave granted since 11 January 2018?'
Also, the question above is NOT asking you to declare absence after 11 Jan 2018. It is asking you to declare any absences for any visa period, GRANTED after 11 Jan 2018. So if you had a visa issued in Dec 2017 and then the next one issued in Dec 2020, ONLY absences from Dec 2020 will need to be declared. This is because dependant visa holders do NOT have any absence limits for any visa issued before 11 Jan 2018, so those absences are irrelevant and UKVI does not care about them.
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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