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

Post by mahs » Mon Nov 19, 2018 7:11 pm

Hi 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.

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

Post by marcnath » Mon Nov 19, 2018 10:04 pm

mahs wrote:
Mon Nov 19, 2018 7:11 pm
Hi 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.
The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.
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.

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

Post by mahs » Mon Nov 19, 2018 10:41 pm

Thanks a lot for your prompt reply.

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

Post by mahs » Tue Nov 20, 2018 7:09 pm

marcnath wrote:
Mon Nov 19, 2018 10:04 pm
mahs wrote:
Mon Nov 19, 2018 7:11 pm
Hi 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.
The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.
OK, may I ask a follow up question please.

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.

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

Post by marcnath » Tue Nov 20, 2018 9:06 pm

mahs wrote:
Tue Nov 20, 2018 7:09 pm
marcnath wrote:
Mon Nov 19, 2018 10:04 pm
mahs wrote:
Mon Nov 19, 2018 7:11 pm
Hi 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.
The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.
OK, may I ask a follow up question please.

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.
That is correct as the rules stand today. Obviously, they can change it.
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 Johnnydep » Sat Nov 24, 2018 1:44 pm

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

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

Post by marcnath » Sat Nov 24, 2018 1:54 pm

Johnnydep wrote:
Sat Nov 24, 2018 1:44 pm
Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?
The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.
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 Johnnydep » Sat Nov 24, 2018 2:01 pm

marcnath wrote:
Sat Nov 24, 2018 1:54 pm
Johnnydep wrote:
Sat Nov 24, 2018 1:44 pm
Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?
The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.
Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again

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

Post by marcnath » Sat Nov 24, 2018 10:02 pm

Johnnydep wrote:
Sat Nov 24, 2018 2:01 pm
marcnath wrote:
Sat Nov 24, 2018 1:54 pm
Johnnydep wrote:
Sat Nov 24, 2018 1:44 pm
Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?
The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.
Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again
Depends on when you visa was granted. If it was before Jan 2018, then it is 180 days in each year
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 Johnnydep » Sun Nov 25, 2018 3:59 am

marcnath wrote:
Sat Nov 24, 2018 10:02 pm
Johnnydep wrote:
Sat Nov 24, 2018 2:01 pm
marcnath wrote:
Sat Nov 24, 2018 1:54 pm
Johnnydep wrote:
Sat Nov 24, 2018 1:44 pm
Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?
The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.
Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again
Depends on when you visa was granted. If it was before Jan 2018, then it is 180 days in each year

Thank you. Right. My visa will only start from 2018 Dec. So it is not 180 days each year. How does it count for 180 days?

Is it 180 days for 5 years?

I just can't understand. Too complicated.

Many thanks

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New Rule Confusion For 10 Years Rout

Post by Bil_Ent » Fri Nov 30, 2018 4:08 am

Hello All Guro's

i am bit confused about change in law for ILR for 10 years rout,
i came in Sept,2009 and going to complete 10 years soon lawfully via PBS System but i spent 178 days out of UK from March,2014 to September,2014.then i been out of UK in Jan,2015 to Feb,2015 for about 30 days,so the confusion is that will it concider over 180 days? or the 30 days will count in the previous year,and if it counts so should i apply in April,2020 to concider last 5 years till 2015? so that 2014 year will be minus?

your guideline will be Really helpful TIA

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Re: New Rule Confusion For 10 Years Rout

Post by CR001 » Fri Nov 30, 2018 6:40 am

Bil_Ent wrote:
Fri Nov 30, 2018 4:08 am
Hello All Guro's

i am bit confused about change in law for ILR for 10 years rout,
i came in Sept,2009 and going to complete 10 years soon lawfully via PBS System but i spent 178 days out of UK from March,2014 to September,2014.then i been out of UK in Jan,2015 to Feb,2015 for about 30 days,so the confusion is that will it concider over 180 days? or the 30 days will count in the previous year,and if it counts so should i apply in April,2020 to concider last 5 years till 2015? so that 2014 year will be minus?

your guideline will be Really helpful TIA
This "new rule" is NOT for ILR based on long residence. It is ONLY for ILR based on 5 years residence PBS route!!
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by mcsat » Thu Dec 27, 2018 8:10 pm

Does residence rule apply for PBS Dependent Children Born in UK?

Thanks

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

Post by marcnath » Fri Dec 28, 2018 6:33 am

mcsat wrote:
Thu Dec 27, 2018 8:10 pm
Does residence rule apply for PBS Dependent Children Born in UK?

Thanks
No, it does not apply to children - whether born in UK or not
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.

ash2006
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by ash2006 » Mon Jan 07, 2019 8:17 pm

Is it okay for my wife still to go visit back home from Jan 29 to March 16 , she applying ilr in August when it expires she hasn't left uk the since she has been here in 2014 June, only now in January and she going for 5 weeks
Spouse Visa
Entered UK 10/06/14
Flrm applied Feb 2017
Expires 19 August 2019
Ilr application submitted 17/07/2019
Appointment bio metric super priority-31 July 2019

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

Post by CR001 » Mon Jan 07, 2019 8:36 pm

ash2006 wrote:
Mon Jan 07, 2019 8:17 pm
Is it okay for my wife still to go visit back home from Jan 29 to March 16 , she applying ilr in August when it expires she hasn't left uk the since she has been here in 2014 June, only now in January and she going for 5 weeks
Yes as that is clearly less than 180 days.
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Re: Big changes to continuous residence rule for ILR applicants under PBS

Post by IsabelleLoulou » Tue Jan 08, 2019 4:11 am

Hello everyone!

I am very confused with all these changes... I am French and we live in Uk since the 20th April 2013..We used to travel during few weeks, as a break, since we are here..So, we almost spent 144 days outside Uk during this last 5 years ( including May 2018, and from April 2017 to April 2018: we spent 54 days outside Uk...and from may 2018 to the 6th of March 2019: we will have 30 days outside+ 93 days outside Uk (= 123 days outside Uk ) ...as we are actually spending time outside Uk for 93 days since the 3rd of December as our children are learning German during these 93 days...so, can we still apply and not failed? If yes, when shall we apply exactly ? When is the best time for us to apply as we will be back on the 6 th of March 2019?
It will be very helpful if you could bring some light on these points...
Thank you in advance💐

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

Post by CR001 » Tue Jan 08, 2019 6:57 am

IsabelleLoulou wrote:
Tue Jan 08, 2019 4:11 am
Hello everyone!

I am very confused with all these changes... I am French and we live in Uk since the 20th April 2013..We used to travel during few weeks, as a break, since we are here..So, we almost spent 144 days outside Uk during this last 5 years ( including May 2018, and from April 2017 to April 2018: we spent 54 days outside Uk...and from may 2018 to the 6th of March 2019: we will have 30 days outside+ 93 days outside Uk (= 123 days outside Uk ) ...as we are actually spending time outside Uk for 93 days since the 3rd of December as our children are learning German during these 93 days...so, can we still apply and not failed? If yes, when shall we apply exactly ? When is the best time for us to apply as we will be back on the 6 th of March 2019?
It will be very helpful if you could bring some light on these points...
Thank you in advance💐
This topic does NOT apply to EU citizens in the UK. It is for UK immigration rule PBS visa category.

Please post your questions in the sub forum link below for eea/EU route queries.

eea-route-applications/
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