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new absence rolling bases policy in PBS Dependent of my case

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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as_711
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Thu Jan 10, 2019 11:59 am

Good day,
I have another question and came to know from some source that Tier-1 Enterprenure program going to be ended by end of March 2019. Is this true? OR is there is any other date is announced by UK Govt.

Apprecaited for your kind reply.
Thanks

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by Zimba » Thu Jan 10, 2019 6:21 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private messages for advice

as_711
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Wed Feb 13, 2019 6:10 pm

Dear Moderators,
Good day to all of you,

I came up with another question like four members have applied for Tier-1 Extension (one main applicant and 3 are as PBS dependents- Spouse and 2 children).

Due to some reason, the spouse (under PBS dependent) are out from the ILR due to the new absence policy, but two children are remain within the new absence policy.

Does this will affect the ILR qualification for children if 2nd parent ( spouse) is out from the ILR like if Home office could reject on ground that 2nd parent did not qualify for ILR , hence based on this, two children ( under PBS dependents) also will be rejected from ILR request?

Appreciated for your kind expert advice.

Thanks

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by CR001 » Wed Feb 13, 2019 6:14 pm

Children born abroad can only apply for ILR when both parents are applying or when one already has ILR and the other parent is applying alone with the kids.
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Wed Feb 13, 2019 8:40 pm

Thank so much for swift reply.

But if 2nd parent has excess absence so his /her ILR will be rejected as per rule. What about children as they are within absence policy. Will case worker will reject children ILR also or will be granted ILR under PBS dependent route despite of 2nd parent rejection..

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by CR001 » Wed Feb 13, 2019 8:49 pm

The children born abroad will qualify for ILR when 2nd parent does.
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Thu Feb 14, 2019 1:56 pm

Thanks sir/ madam,

Actually my understanding on immigration rules are very poor. My questions are still same and needs your support for batter understanding:

That 2nd parent has applied for ILR along with children ( who born abroad) and his /2nd parent’s ILR is refused due to new absence policy and due to overstay ( more than 180 days rolling over bases).

What will be effect for children ILR qualification? If their ILR request will also be refused or will be accepted?

Thanks

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by CR001 » Thu Feb 14, 2019 1:59 pm

Immigration Rules Part 8 - PBS Dependents (Children) - 319J
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Thu Feb 14, 2019 5:13 pm

Dear Sir,
Appreciated for your kind reply.

thanks

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by marcnath » Thu Feb 14, 2019 9:33 pm

as_711 wrote:
Wed Feb 13, 2019 8:40 pm
Thank so much for swift reply.

But if 2nd parent has excess absence so his /her ILR will be rejected as per rule. What about children as they are within absence policy. Will case worker will reject children ILR also or will be granted ILR under PBS dependent route despite of 2nd parent rejection..
There are no absence criteria for kids
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.

as_711
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Sat Feb 16, 2019 5:39 pm

Thanks so much for the kind response. This board is really playing a significant role in helping the people of getting the right answer. God blessed you all. I am getting some clarity now. I have below last questions for your usual kind support in replying:

• In order to qualify for ILR, the rolling over absence policy only applied to dependents above 18 years of age. The below 18 years free from the absence rolling over condition. Is this correct?

• Is the backward calculation is still valid along with rolling over 180 days absence policy OR it has changed to date of first entry to UK.

• Is this is right calculation of five year. For example, BRP expiry date is 10 Oct 2021 (after 3 years and 4 months visa) then two year extension from 11 Oct 2021 to 10 Oct 2023. Five year will complete on 10 Oct 2023. So to calculate the ILR qualification, the calculation will start back ward from 10 Oct 2023 to 10 Oct 2018. Is this correct?

• In real scenario, both parent don’t lived together, even though they entered to UK together with children on Tier 1 visa. However, due to some internal/family issues, both agreed and have court legal documents issued from their home country that first parent (main applicant) will be responsible to the children for everything. In this case, does this court documents will helped the children to stay with first parent and can apply ILR after main applicant ILR success even the 2nd parent don’t lived with them.

Appreciated for your kind reply in understanding this clause from legal point of view.

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by marcnath » Sat Feb 16, 2019 10:12 pm

The absence policy is only applicable to partners, not children.

It is still "backward" calculation, it is just five years before date of ILR application.

You will be eligible to apply for ILR 5 years after date of initial grant. It has nothing to do with expiry dates.

If one parent has sole custody, then yes, the children can apply with the parent. The exact condition is:
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent;
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.

as_711
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Re: new absence rolling bases policy in PBS Dependent of my case

Post by as_711 » Sun Feb 17, 2019 9:49 pm

Thanks sir for your reply. Just one last question as new ILR absence policy is really hurting my case as was not aware of this before. I came to know this change through this Forum only.

• Our first entry in UK was on 10 July 2018 therefore our grant period start from the same date and 5 years will be completed on 9th July 2023.

• However, we want to apply ILR application on 1st October 2023 covering the five year back dated period from 1st October 2023 to 1st October 2018 as during this period my absence is under control (less than 180 days). That also will be before the expiry of Tier-1 extension that likely will be expired on 10th October 2023.

• That’s why I had mentioned in my above post that ILR application will be submitted before the end of extension period. The ILR period will be from 1st October 2018 to 1st Oct 2023 instead of period from 10 July 2018 to 9 July 2023 whereas the extension will likely will be expired on 10th October 2023.

Forwarded for your kind comments if the way of calculation is correct and in case of any issue by adapting/following the above mentioned patron?

I am really sorry for asking such confusing question but will helped me a lot.

Thanks

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Re: new absence rolling bases policy in PBS Dependent of my case

Post by marcnath » Sun Feb 17, 2019 10:20 pm

as_711 wrote:
Sun Feb 17, 2019 9:49 pm
Thanks sir for your reply. Just one last question as new ILR absence policy is really hurting my case as was not aware of this before. I came to know this change through this Forum only.

• Our first entry in UK was on 10 July 2018 therefore our grant period start from the same date and 5 years will be completed on 9th July 2023.

• However, we want to apply ILR application on 1st October 2023 covering the five year back dated period from 1st October 2023 to 1st October 2018 as during this period my absence is under control (less than 180 days). That also will be before the expiry of Tier-1 extension that likely will be expired on 10th October 2023.

• That’s why I had mentioned in my above post that ILR application will be submitted before the end of extension period. The ILR period will be from 1st October 2018 to 1st Oct 2023 instead of period from 10 July 2018 to 9 July 2023 whereas the extension will likely will be expired on 10th October 2023.

Forwarded for your kind comments if the way of calculation is correct and in case of any issue by adapting/following the above mentioned patron?

I am really sorry for asking such confusing question but will helped me a lot.

Thanks
Yes, it is very confusing.

Your assumption that your extension will start on 11th October 2021 is far from reality. The processing of your extension application will take weeks, if not months. Your extension will be for two years from the date of the approval of the extension, so it more likely your extension will expire in Dec 2023 or later
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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