Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Big changes to continuous residence rule for ILR applicants under PBS

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

skljn0
Newly Registered
Posts: 1
Joined: Tue Jan 16, 2018 3:12 pm
United States of America

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by skljn0 » Tue Jan 16, 2018 3:22 pm

Hi Team,

I am tier 2 General holder.
I am planning to apply ILR on 13th December,2020.
My company(Sponsor) right now is planning to send me to oversea for 6 consecutive months business trip on 1st Feb 2018. Based on the new rule, if the trip did happen then I will apparently over 180 days rule ( 6 months business trip abroad + some holidays 14 days before 1st Feb 2018 ) if they look back from the date of 31st July 2018.

Am I able to provide the evidence or letter from my company to proof my absence due to work? Then they don't count this into 180 days quota?

Much appreciate it.
Alex

User avatar
CR001
Moderator
Posts: 66080
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by CR001 » Tue Jan 16, 2018 3:27 pm

skljn0 wrote:
Tue Jan 16, 2018 3:22 pm
Hi Team,

I am tier 2 General holder.
I am planning to apply ILR on 13th December,2020.
My company(Sponsor) right now is planning to send me to oversea for 6 consecutive months business trip on 1st Feb 2018. Based on the new rule, if the trip did happen then I will apparently over 180 days rule ( 6 months business trip abroad + some holidays 14 days before 1st Feb 2018 ) if they look back from the date of 31st July 2018.

Am I able to provide the evidence or letter from my company to proof my absence due to work? Then they don't count this into 180 days quota?

Much appreciate it.
Alex
All absences count towards the 180 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

prince99
Junior Member
Posts: 60
Joined: Wed Sep 12, 2012 5:47 pm

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by prince99 » Wed Jan 17, 2018 11:24 am

My wife got her first PBS dependent in FEB 2014. Current leave until dec 2018 leaves her 2 months sort for ILR. She need another extension for 5 ILR route.

Is she going to be effected by the new 180 day rule?? or leave granted before Jan 2018 doesnt count as absences?

Thanks

vinny
Moderator
Posts: 28371
Joined: Tue Sep 25, 2007 7:58 pm

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by vinny » Wed Jan 17, 2018 11:27 am

For PBS dependants,
prince99 wrote:
Wed Jan 17, 2018 11:24 am
leave granted before Jan 2018 doesn't count as absences
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 28371
Joined: Tue Sep 25, 2007 7:58 pm

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by vinny » Tue Jan 23, 2018 7:51 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Sun Jan 28, 2018 5:37 pm

To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days
Dear All,

Can you kindly confirm if the above statement means - PBS Dependent applications made after 11 January 2018 only will come under the 180 rules?

User avatar
CR001
Moderator
Posts: 66080
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by CR001 » Sun Jan 28, 2018 8:08 pm

kumar84 wrote:
Sun Jan 28, 2018 5:37 pm
To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days
Dear All,

Can you kindly confirm if the above statement means - PBS Dependent applications made after 11 January 2018 only will come under the 180 rules?
]
Yes!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Mon Jan 29, 2018 12:23 pm

Thanks CR001.

Sorry I should have been more clear in my question. Does the application mean 'ILR' application or PBS Dependent application after 11 January 2018.

To be more specific - My dependent has a visa valid till Jan 2021 and will complete 5 years by June 2019.

So there is no 180 day rule applicable at all in this case?

User avatar
marcnath
Moderator
Posts: 5533
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by marcnath » Mon Jan 29, 2018 12:29 pm

kumar84 wrote:
Mon Jan 29, 2018 12:23 pm
Thanks CR001.

Sorry I should have been more clear in my question. Does the application mean 'ILR' application or PBS Dependent application after 11 January 2018.

To be more specific - My dependent has a visa valid till Jan 2021 and will complete 5 years by June 2019.

So there is no 180 day rule applicable at all in this case?
Only absence from the country during the grant period of a VIsa approved after 11 Jan 2018 will be counted.

So, yes, assuming that the current visa was issued before 11 Jan 2018, this will not impact your dependant at all. Even if it was issued after 11 Jan 2018, only absences after that date will count towards the 180 days.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Thu Feb 01, 2018 11:15 pm

Thanks. In the site UKVI site

https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

Page 8 - Section PBS dependants

" You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018."

Going by above examples, even if extension was granted in December 180 day rule is still applicable with absense before 1st are not counted towards 180 days.

I have been reading various inference of these statements and could not make out what is the actual rule.


Can you kindly clarify? Am I missing something?

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Sat Feb 03, 2018 9:29 am

Dear members,
Kindly advice

vinny
Moderator
Posts: 28371
Joined: Tue Sep 25, 2007 7:58 pm

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by vinny » Sat Feb 03, 2018 9:47 am

kumar84 wrote:
Thu Feb 01, 2018 11:15 pm
I have been reading various inference of these statements and could not make out what is the actual rule.
Actual rules.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

User avatar
marcnath
Moderator
Posts: 5533
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by marcnath » Sat Feb 03, 2018 10:38 am

kumar84 wrote:
Thu Feb 01, 2018 11:15 pm
Thanks. In the site UKVI site

https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

Page 8 - Section PBS dependants

" You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018."

Going by above examples, even if extension was granted in December 180 day rule is still applicable with absense before 1st are not counted towards 180 days.

I have been reading various inference of these statements and could not make out what is the actual rule.


Can you kindly clarify? Am I missing something?
The example seems to be incorrect. If the date was 11 Jan 2018 instead of 1 Jan 2018 in the example, it would be correct.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Sat Feb 03, 2018 10:50 am

Dear @vinny, @marcnath - Thanks for your response.

I have gone through the posts in the forum and the UKVI site.

Indefinite leave to remain: calculating continuous period in UK guidance! says

https://www.gov.uk/government/uploads/ ... .0EXT.PDF


Page 8 - Section PBS dependants

" You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018."


Which means even if the extension was obtained before January 2018 they are covered under the rule of 180 days

And the Explantory Notes of HC309 - below which says that any visa extension received before 18 Jan 2018 are exempted

https://www.gov.uk/government/uploads/ ... E__2_.pdf

Page 2- 4. Legislative Context


4.5. The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A
set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11.
of this statement shall take effect on 11 January 2018. However, if an applicant has
made an application for entry clearance or leave to remain using a Certificate of
Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the
application will be decided in accordance with the rules in force on 10 January 2018.

4.7. The other changes set out in this statement shall take effect on 11 January
2018. However, in relation to those changes, if an application has been made for entry
clearance or leave to enter or remain before 11 January 2018, the application will be
decided in accordance with the Immigration Rules in force on 10 January 2018.



I find both the statements contradictory? Am I missing something?

Kindly guide me.. I am stressed and not sure what to do. My partner on PBS dependent is currently outside the UK and am afraid it will be more than 180 days before back to the UK. currently Partner will be eligible for ILR in June 2020.

Kindly guide please?

User avatar
marcnath
Moderator
Posts: 5533
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by marcnath » Sat Feb 03, 2018 11:19 am

kumar84 wrote:
Sat Feb 03, 2018 10:50 am

Page 8 - Section PBS dependants

" You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018
towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018."


Which means even if the extension was obtained before January 2018 they are covered under the rule of 180 days
I am not sure how you come to that conclusion.
The highlighted section is quite clear - the 180 days only impacts any leave granted (whether it is an initial grant or extension) under the rules of 11 Jan 2018.
And any application made before the 11th of Jan will follow the rules in place on the 10th of Jan -- i.e. will not be impacted by the 180 days.
As I mentioned before, I think the example is wrong.
The rules have precedence over any examples in the guidance documents.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kumar84
Newbie
Posts: 39
Joined: Sun Dec 24, 2017 3:26 pm
India

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Sat Feb 03, 2018 12:08 pm

Thanks @marcnath.

I agree in the example it should be 11 Jan 2018 instead of 1 Jan 2018 and hope they will correct it in next version.

So when you say "
And any application made before the 11th of Jan will follow the rules in place on the 10th of Jan -- i.e. will not be impacted by the 180 days."

By application you mean initial grant or extension and not ILR right? Because in my case ILR application will be made in 2020 that is after 11th Jan 2018

mel1639
Newly Registered
Posts: 2
Joined: Fri Feb 16, 2018 11:51 am
Indonesia

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by mel1639 » Fri Feb 16, 2018 12:31 pm

Hello

I have been working in the UK with 3 years ICT (which is disregarded as it was approved after April 2010) and now 4 years Tier 2. I will be eligible to apply ILR in April 2019.

My work includes travel going in and out UK for 1-2 weeks. I counted my day off as follow :

2014 : 44 Days
2015 : 50 Days
2016 : 81 Days
2017 : 62 Days
Total 412 Days for the past 4 years.

I'm concern with this new rule "rolling 12 months". Assume I'm still eligible as I never been out more than 180 days in every 12 months. How if it's for work? Will it still be included?

However I also heard about 450 days max in 5 years which is a concern. Anyone heard about this?

User avatar
marcnath
Moderator
Posts: 5533
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by marcnath » Fri Feb 16, 2018 12:43 pm

kumar84 wrote:
Sat Feb 03, 2018 12:08 pm
Thanks @marcnath.

I agree in the example it should be 11 Jan 2018 instead of 1 Jan 2018 and hope they will correct it in next version.

So when you say "
And any application made before the 11th of Jan will follow the rules in place on the 10th of Jan -- i.e. will not be impacted by the 180 days."

By application you mean initial grant or extension and not ILR right? Because in my case ILR application will be made in 2020 that is after 11th Jan 2018
Correct
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

User avatar
CR001
Moderator
Posts: 66080
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by CR001 » Fri Feb 16, 2018 12:50 pm

mel1639 wrote:
Fri Feb 16, 2018 12:31 pm
Hello

I have been working in the UK with 3 years ICT (which is disregarded as it was approved after April 2010) and now 4 years Tier 2. I will be eligible to apply ILR in April 2019.

My work includes travel going in and out UK for 1-2 weeks. I counted my day off as follow :

2014 : 44 Days
2015 : 50 Days
2016 : 81 Days
2017 : 62 Days
Total 412 Days for the past 4 years.

I'm concern with this new rule "rolling 12 months". Assume I'm still eligible as I never been out more than 180 days in every 12 months. How if it's for work? Will it still be included?

However I also heard about 450 days max in 5 years which is a concern. Anyone heard about this?
ALL absences are counted in the 180 days, regardless of reason for travel. It is really important to note that the absence is NOT counted on 'calendar years' as you have stated them above. It is ANY absence in ANY 12 month rolling period.

Don't confuse the 450 days for citizenship with ILR requirements. I have answered your 'citizenship absence' query in your other duplicate topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

raaji
Junior Member
Posts: 63
Joined: Mon Dec 20, 2010 8:46 pm

Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by raaji » Sun Mar 04, 2018 7:43 am

Hi
I got ILR Through Tier 1 G 31/03/2016 still i didnt get british passport.

my wife (PBS Dependant ) got visa 14/02/2014 and extended 31/03/2016 until 31/03/2019.
she will qualify for ILR 5 year route on 31/03/2019.
and she entered in to uk on 14/04/2014.

question is absences ( new rule 1th jan 2018)

14/02/2014 to 14/02/2015 - enterd uk 59 days later
14/02/2015 to 14/02/2016 - 0 days
14/02/2016 to 14/02/2017 - 30 days
14/02/2017 to 14/02/2018 - 9 days
14/02/2018 to 31/03/2019 - she is now in sri lanka after baby born in uk . she went 05/02/2018 and planning to stay 8 months until 30/09/2018.
is this problem for her ILR applying on 31/03/2019 under the new rule in place 11th jan 2018.

i seen if entry visa and extension given before 11/01/2018 and then 180days rule not applying wheather the absences more than 180 days fallen after 11/01/2018.

can you pls advice is this ok ? otherwise she will come back before 180 days.

Locked
cron