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Big changes to continuous residence rule for ILR applicants under PBS

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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kumar84
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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?

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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!!
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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?

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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.

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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?

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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

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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 given links for further information. Refer to the source of any quotes.
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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.

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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?

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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.

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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

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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?

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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.

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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.
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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.

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

Post by kumar84 » Sun Mar 04, 2018 10:49 am

Should be Fine as the current leave to remain will lead to ILR in future

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

Post by marcnath » Sun Mar 04, 2018 5:00 pm

raaji wrote:
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.
Correct - it is not retrospective for dependents, so she is not effected.
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.

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

Post by raaji » Mon Mar 05, 2018 8:13 am

THANK YOU ....

8 MONTHS ABSENCES AFTER 11TH JAN 2018 NOT A PROBLEM???

11TH JAN 2018 ABSENCES RULE APPLY
- NEW DEPENDANT ENTRY VISA
- EXTENSION DEPENDANT VISA
NOT FOR PEOPLE APPLYING ILR AFTER THIS DATE??

MORE THAN 180 DAY ABSENCES AFTER THIS DATE PROBLEM??

STILL CONFUSED.

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

Post by marcnath » Mon Mar 05, 2018 11:44 am

raaji wrote:
Mon Mar 05, 2018 8:13 am
THANK YOU ....

8 MONTHS ABSENCES AFTER 11TH JAN 2018 NOT A PROBLEM???

11TH JAN 2018 ABSENCES RULE APPLY
- NEW DEPENDANT ENTRY VISA
- EXTENSION DEPENDANT VISA
NOT FOR PEOPLE APPLYING ILR AFTER THIS DATE??

MORE THAN 180 DAY ABSENCES AFTER THIS DATE PROBLEM??

STILL CONFUSED.
It is not about when the ILR application is made but about when the dependant visa application was made.

The 180 day rule is applicable to all new and extension applications MADE after 11th Jan 2018. Your dependant's last visa was granted in 2016, so not affected by this rule.
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.

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

Post by raaji » Mon Mar 05, 2018 12:37 pm

THANK YOU...

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

Post by raaji » Wed Mar 07, 2018 12:08 pm

In the set(o) form version 01/2018

Please complete this section for all dependants who are applying.
Photocopy this page if necessary.

6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
D D M M Y Y Y Y

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.
6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?
Yes No
If yes give the dates you left and returned to the UK and the reason for the absence in the
spaces below. List all absences however short and in date order. If you need more space,
continue on a separate sheet and enclose it with your application.
Date left UK Date returned to UK Reason for absence

so.. if initial and extension pbs dependant visa given before 11/01/2018 then 180days absences not counts for ILR . EVEN morethan 180 days absences after 11/01/2018????

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

Post by marcnath » Wed Mar 07, 2018 1:55 pm

raaji wrote:
Wed Mar 07, 2018 12:08 pm
In the set(o) form version 01/2018

Please complete this section for all dependants who are applying.
Photocopy this page if necessary.

6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
D D M M Y Y Y Y

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.
6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?
Yes No
If yes give the dates you left and returned to the UK and the reason for the absence in the
spaces below. List all absences however short and in date order. If you need more space,
continue on a separate sheet and enclose it with your application.
Date left UK Date returned to UK Reason for absence

so.. if initial and extension pbs dependant visa given before 11/01/2018 then 180days absences not counts for ILR . EVEN morethan 180 days absences after 11/01/2018????
This seem to be the same question you asked before, was answered, you clarified and was again answered.
Is it just that you don't want to accept the answer (if so, feel free to write - anyone other than marcnath to reply) or is it that you have a different question about filling in the form ?

By the way, what do you think the answer to 6.13 is in your case - Yes or No ?
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.

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

Post by raaji » Wed Mar 07, 2018 4:05 pm

answer is NO.


dont mis understand.
i need to clarify because i seen gov guidance example ..

"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
Page 9 of 18 Published for Home Office staff on 11 January 2018
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."

So, what will happen if the absences taken more than 180 days after 11/01/2018??
thats my issue.

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

Post by raaji » Mon Mar 12, 2018 1:33 pm

Can anybody clarify this pls

new rules guidance example..

01 jan 2018
11 jan 2018

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

Post by vinny » Mon Mar 12, 2018 1:43 pm

1 January 2018 is probably a misprint?
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