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ILR application query for Tier2 PBS dependent

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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Ibiza dreams
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ILR application query for Tier2 PBS dependent

Post by Ibiza dreams » Sun Jun 13, 2021 4:03 pm

Hi,

Background:
I got an ILR a couple of years ago, in the Tier2 (general) 5-year route. My wife is a PBS dependant on my Tier2 leave grant.
Her PBS visa was extended on August 15 2019, as a Tier2 dependant (after I got my ILR).

Table of absences from around Jan 2018 onwards. (as I believe the days out prior to this date are clearly not considered):
Exit UKEnter UKDays out of UK
November 5, 2017 April 20, 2018 167
November 11, 2018 February 25, 2019 107
October 30, 2019 November 17, 2019 19
Currently, we are making an ILR application for my wife using SET(O) form and are stumbling on a few ambiguities in questions. I would greatly appreciate your help which would save me from the risk of rejection by filling it correctly with your knowledgeable advice.

Query:


1. Does the period of stay on which this application was based include any leave granted since 11 January 2018?
I believe the answer is 'YES' because the visa was extended after Jan 2018 which we want to count towards this application.

2. Have you had any absences from the UK during any leave granted since 11 January 2018?
I believe the answer is definitely 'YES' because she was out of UK not only after the extension but also after 11 January 2018 before the extension. But, the main query is below.

3. What are the absences?

Should I list the absences from Jan 11, 2018 or from the visa extension of Aug 15, 2019?

I.e. from January 11, 2018
If this is correct, then should we start from Jan 2018 (by splitting the break from November 5, 2017 to April 20, 2018 and just considering from Jan 2018) OR start from November 2017 (the actual exit)
Exit UKEnter UKDays out of UK
January 11, 2018 April 20, 2018 100
November 11, 2018 February 25, 2019 107
October 30, 2019 November 17, 2019 19

OR just from Aug 15, 2019 (the extension date)onwards?
Exit UKEnter UKDays out of UK
October 30, 2019 November 17, 2019 19
Every time I read the question, I seem to interpret it differently. Please advise the best and correct thing to do.


Thank you.

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CR001
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Re: ILR application query for Tier2 PBS dependent

Post by CR001 » Sun Jun 13, 2021 4:12 pm

Only list absence si ce the date of the extension in 2019. Absences before this are irrelevant.
Char (CR001 not Casa)
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