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If your wife is on a dependent visa and it was issued BEFORE 11th January 2018, then she is NOT subject to the 180 days absence. It has nothing to do with 'calendar years' though.Vinsanchez0115 wrote: ↑Mon Apr 09, 2018 2:30 pmHi,
Just to have a clarification on the said changes. My wife who is tier 2 general visa,currently on her maternity leave and we decided to come home to the philippines to spend New year. We left December 28, 2017 and we agreed that she can stay for another 5mos which is till May 25, 2018. Is there something to be worry about if we left 2017 and comes back 2018 which is new calendar years? Or shall I rebooked them soon just to be safe? Thank you very much.
Regards
Arvin
This topic is specifically for PBS dependent changes. Kindly post your questions in your own topic regarding main tier 2 visa holder as there were also some rule changes.Vinsanchez0115 wrote: ↑Sun Apr 15, 2018 10:35 amHi,
What if she's the main applicant under tier 2 general migrant visa? Does this new changes will affect her beikg out of the country for 5 mos with valid maternity leave?
Regards,
Arvin
Statement of changes to the Immigration Rules: HC1154, 15 June 2018 wrote:6A.2 For paragraph 245AAA(a)(i), substitute:
“(i) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose; and
(2) for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.”.
Effective 6 July 2018.Explanatory memorandum HC1154, 15 June 2018 wrote:Changes to indefinite leave to remain in work categories
7.18. Applicants for indefinite leave to remain must complete a continuous period (usually 5 years) with valid leave and absences from the UK of no more than 180 days in any 12-month period during that time. The following changes are being made to these provisions:
A transitional arrangement is being applied, to ensure that the new absences calculation rule, effective from 11 January 2018 (in HC 309), does not adversely affect applicants whose absences occurred during leave granted under Rules in place prior to that date.
Provisions setting out when an applicant’s continuity of leave is not broken are currently more generous for in-country applications than for entry clearance applications (where applicants have otherwise had continuous stay in the UK but happen to be overseas when their previous leave expires). Changes are being made to bring the entry clearance provisions into line with the (more generous) in-country provisions.
No it does not. Please can you keep your questions in your own topic you already have.
vinny wrote: ↑Sun Jun 17, 2018 11:57 pmSomeone realised that restrictive retroactive changes were unreasonable.
Statement of changes to the Immigration Rules: HC1154, 15 June 2018 wrote:6A.2 For paragraph 245AAA(a)(i), substitute:
“(i) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose; and
(2) for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.”.Effective 6 July 2018.Explanatory memorandum HC1154, 15 June 2018 wrote:Changes to indefinite leave to remain in work categories
7.18. Applicants for indefinite leave to remain must complete a continuous period (usually 5 years) with valid leave and absences from the UK of no more than 180 days in any 12-month period during that time. The following changes are being made to these provisions:
A transitional arrangement is being applied, to ensure that the new absences calculation rule, effective from 11 January 2018 (in HC 309), does not adversely affect applicants whose absences occurred during leave granted under Rules in place prior to that date.
Provisions setting out when an applicant’s continuity of leave is not broken are currently more generous for in-country applications than for entry clearance applications (where applicants have otherwise had continuous stay in the UK but happen to be overseas when their previous leave expires). Changes are being made to bring the entry clearance provisions into line with the (more generous) in-country provisions.
This DOES NOT apply to ILR based on long residence, which has completely different rules. The topic heading clearly states it is for PBS route ILR applications
Correct, the limit in her case is only for the time between April 2019 and April 2020
Hi Subhasisbilas,marcnath wrote: ↑Wed Jan 10, 2018 9:02 pmYes, you can continue.Subhasisbilas wrote: ↑Wed Jan 10, 2018 8:25 pmHi,
I am already Settlement (ILR) visa holder in UK(Main applicant).
This query is regarding ILR application for Tier 2 Dependents for wife and son.
Details of their TIER 2 VISA
Entry clearance Tier2 dependant Visa issued - 23 May 2012(Before 9 July 2012)
Date Entered in UK- 16 Sep 2012
Absence Details from UK
21 Apr 2013 to 6 aug 2014--17 Months Which is beyond 180 days per calendar year
but dependents are staying with me in UK continously since 6 Aug 2014 till today with No absence since 6 august 2014.
As a change in the existing current PBS Dependent ILR Application rule which were made on 7th Dec 2017 and 180 days absence in any calendar rule applicable for all applications made after 11 Jan 2018(where 180 days absence rules is extended to Dependents also) .
I am planning to apply for ILR 2 year route for them as entry clearance visa stamped before 9 July 2012.
As per 2 year ILR Route for Dependents rule , Tier 2 Visa Application and Entry clearance Visa Stamped before 9th July 2012 and Continous stay( 2 years of stay) with me in UK since August 6 2014 till date, Can i apply for ILR for Wife and son though there is a gap of more than 180 days in any calendar year in the year apr 2013 to Aug 2014.
Please confirm as i heard a rule got changed just last month as 180 days absence is applicable to dependents for ILR application. As i already booked on last week of Jan 2018 for Premium service slot in next month for dependents before their current leave to remain visa expires in February 2018 under 2 Year ILR Route considering their continous stay in UK since 6 August 2014 till date and Entry Clearance Visa Stamped before 9th July 2012.
Please advise whether should i continue with my ILR Dependent application(Premium Service) for wife and son under ILR 2 year route .
Thanks .
The recent changes:
1) do not apply to the 2 year rule
2) even if it did, it would only apply to absences after 11 Jan 2018
The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.mahs wrote: ↑Mon Nov 19, 2018 7:11 pmHi All,
I and my wife are in a similar situation and will appreciate some help.
My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).
Since March this year, she has already spent around 140 days out of the UK.
Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?
Many thanks in advance for your replies,
M.
OK, may I ask a follow up question please.marcnath wrote: ↑Mon Nov 19, 2018 10:04 pmThe absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.mahs wrote: ↑Mon Nov 19, 2018 7:11 pmHi All,
I and my wife are in a similar situation and will appreciate some help.
My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).
Since March this year, she has already spent around 140 days out of the UK.
Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?
Many thanks in advance for your replies,
M.
That is correct as the rules stand today. Obviously, they can change it.mahs wrote: ↑Tue Nov 20, 2018 7:09 pmOK, may I ask a follow up question please.marcnath wrote: ↑Mon Nov 19, 2018 10:04 pmThe absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.mahs wrote: ↑Mon Nov 19, 2018 7:11 pmHi All,
I and my wife are in a similar situation and will appreciate some help.
My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).
Since March this year, she has already spent around 140 days out of the UK.
Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?
Many thanks in advance for your replies,
M.
So our understanding is that:
1- For visas granted before Jan 2018 there is NO absence period. So she could remain out of the country for example until the end of her visa in April and it won't affect her ILR application in 2022. Is this correct??
2- When she renews her visa in 2021, she then needs to be careful not to stay out of the UK for more than 180 days before her application for ILR. Is this correct please?
BTW, is there going to be a problem for her VISA if she continues to stay out of the country? Hopefully it is not going to be revoked in any case for not being in the UK; is it?!
Many thanks again for your replies, and sorry if the questions seem repetitive; this is a very stressful period for us and we just want to make sure we are not making any wrong assumptions.
