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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.

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kumar84
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by kumar84 » Mon Apr 02, 2018 11:28 pm

@Narsing,

When was the dependent issued visa?

If the dependent visa was issued before 11 jan 2018 and no further extension is required, 180 days rule does apply for dependent.

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

Post by Vinsanchez0115 » Mon Apr 09, 2018 1:30 pm

Hi,

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.

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Arvin

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

Post by CR001 » Mon Apr 09, 2018 1:47 pm

Vinsanchez0115 wrote:
Mon Apr 09, 2018 1:30 pm
Hi,

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

Post by kumar84 » Mon Apr 09, 2018 8:45 pm

+ additionally it is advisable to keep phone call records as ‘Proof of Cohabitation’ when applying for ILR.

I am unsure if joint/individual bank statements
during this absence period can be treated as ‘Proof of Cohabitation’. Senoir members will be able to advice on this.

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

Post by Vinsanchez0115 » Sun Apr 15, 2018 9:35 am

Hi,

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

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

Post by CR001 » Sun Apr 15, 2018 9:41 am

Vinsanchez0115 wrote:
Sun Apr 15, 2018 9:35 am
Hi,

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

Post by Tamilarasan » Sun Jun 17, 2018 10:41 pm

Hi,

Like many others I would like to get some clarification related to the new 180 days rule mainly for Dependants.

My current status:
Currently I am a TIER 2 General Visa holder, I have my ILR appointment booked on 27th June 2018.

My dependents status:
My wife got her TIER 2 dependant visa on May 2013, her extension on May 2016 and it is valid until 24 May 2019. My son born on 30 July 2017, he was born in UK and he got TIER 2 dependant visa in Dec 2017 and valid until 24 May 2019.

Both my wife and son were in India for the following dates,

1. From 30th Dec 2017 to 1st April 2018
2. From 13th April 2018 and planning to return to UK on 12th August 2018

I am planning to apply for their ILR sometime during Nov 2018 or Feb 2019. Based on the above dates both my wife and son will be exceeding the 180 days rule, in this situation I would to clarify the below,
1. Is the new 180 days absence rule applicable for my dependants ?
2. If the new 180 days rule is applicable, then how should I calculate the absence days.
3. Is my son eligible for ILR ?

Many thanks in advance for your help.

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

Post by vinny » Sun Jun 17, 2018 10:57 pm

Someone realised that restrictive retrospective 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.”.
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.
Effective 6 July 2018.
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.
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by Tamilarasan » Mon Jun 18, 2018 12:48 am

Hi Vinny,

Thanks for your quick reply,

As my wife (May 2016) and son(Dec 2017) are granted leave before 11 Jan 2018, and based on the below

(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.”.

am I correct to understand that they will not be impacted by the new 180 days rule ? and as per the rule before 11 Jan 2018 the dependants doesn't have 180 days rule applicable for them. Is that correct ?

Many thanks for your help again.

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

Post by vinny » Mon Jun 18, 2018 1:56 am

PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.
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.
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by Hannah Chen » Thu Aug 09, 2018 11:36 pm

Does this apply to 10 years long residency?

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

Post by CR001 » Fri Aug 10, 2018 5:55 am

Hannah Chen wrote:
Thu Aug 09, 2018 11:36 pm
Does this apply to 10 years long residency?
No it does not. Please can you keep your questions in your own topic you already have.
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by vir_g » Fri Aug 10, 2018 1:17 pm

vinny wrote:
Sun Jun 17, 2018 10:57 pm
Someone realised that restrictive retrospective 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.”.
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.
Effective 6 July 2018.

Hi Vinny,

Does this mean that leave granted before 11 Jan 2018 will have old rule applicable for absences which calculates absences in consecutive fixed 12 months period starting from date of application to 5 years back ?

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

Post by ravil14 » Fri Aug 10, 2018 5:22 pm

Hi I need your help guys.
I have finished my studies in oct 2010 and i went to india and applied my psw visa from india and came back within 180 days period. So would I be still eligible for 10years window for ILR?

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

Post by CR001 » Fri Aug 10, 2018 5:34 pm

ravil14 wrote:
Fri Aug 10, 2018 5:22 pm
Hi I need your help guys.
I have finished my studies in oct 2010 and i went to india and applied my psw visa from india and came back within 180 days period. So would I be still eligible for 10years window for ILR?
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

Please start your own topic or continue in one you already have!!!
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by Asim007 » Sun Sep 02, 2018 9:49 pm

Hi everyone!

I have folowing questions about my wife’s ILR and absence situation.

She entered UK on 23rd April 2015 as tier 1 dependent. She got 3 years extension in april 2016. She needs 1 more extension in april 2019 to complete 5 years route for ILR in april 2020.

And this is her absense break down from UK

APR 2015 - APR 2016 (34 days)
APR 2016 - APR 2017 (112 days)
APR 2017 - APR 2018 (94 days)

1. is there any maximum number of absence limit for 5 years before applying for ILR?
2. We should only worry about 180 days per 12 months limit for absences after 11 january 2018? Or because she needs one more extension, all absences will count.

Any help is much appreciated.

Thanks,
Asim

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

Post by vinny » Sun Sep 02, 2018 11:57 pm

vinny wrote:
Mon Jun 18, 2018 1:56 am
PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.
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.
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by Asim007 » Mon Sep 03, 2018 10:06 am

Thank's vinny for replying
So this means there is no maximum absence limit for 5 years but for only 12 months period

vinny wrote:
Sun Sep 02, 2018 11:57 pm
vinny wrote:
Mon Jun 18, 2018 1:56 am
PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.

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

Post by marcnath » Mon Sep 03, 2018 12:38 pm

Asim007 wrote:
Mon Sep 03, 2018 10:06 am
Thank's vinny for replying
So this means there is no maximum absence limit for 5 years but for only 12 months period

vinny wrote:
Sun Sep 02, 2018 11:57 pm
vinny wrote:
Mon Jun 18, 2018 1:56 am
PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.
Correct, the limit in her case is only for the time between April 2019 and April 2020
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 thippeshcam » Mon Sep 10, 2018 9:48 pm

marcnath wrote:
Wed Jan 10, 2018 9:02 pm
Subhasisbilas wrote:
Wed Jan 10, 2018 8:25 pm
Hi,

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 .
Yes, you can continue.

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
Hi Subhasisbilas,

Just wanted to know whether your dependent's ILR application was successful? I am also in the same route for my dependents.

Many thanks
thippesh

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