PBS dependant to ILR : 179 days absence.

Hello all, when one submits an application to vary a previously submitted application, what is the application date considered on the (new) varied application?

I would assume it would be the date when the (new) varied application is submitted but on reading

https://assets.publishing.service.gov.u ... 1H8KZJFCXs

under section "Date of application: application to vary" :

"Where an application is varied, the application date remains the date of the original application for the purpose of whether an applicant has, or will have, section 3C leave. For further information..."

It says "application date remains the date of the original application.." this got me confused.

Can someone please shed some light on this?
Also, given the difficulty, would one require a solicitor to do this varying or an individual can do it too?

Yes the date of your application will remain the original date. However, that does not mean that this date will strictly be used to calculate your qualifying period for ILR. If you are under section 3C, all that time spent under section 3C up to the point when the case worker is processing your application will be counted as lawful residence for the sake of ILR.

Variation is nothing complex. A new application made while you have a pending application will be automatically considered a variation of the pending one, as you cannot have multiple applications.

Thank you kind sir!

The difference between PBS Dependant Expiry and ILR Qualifying period is merely 20 days (counting the -28 days for ILR eligibility) hopefully the case worker would accept the new submission date as application date and process ILR.
Your thoughts?
Appreciate it.

I already answered that. The date of application is not relevant when calculating the qualifying period for your ILR. All lawful residence until the day of decision will count

Hi there,
Wondering if there could be refusal/issues when I apply for my wife's (pbs dependant now) ILR application ( in a few months) coz of absences.
In the last 12 month rolling period we came up to 179 days absence dot (4 months in India then 2 in Canada with a 2.5 months break in middle in the UK)
Any advices/experiences appreciated.

Pbs dependant visa issued after 2018

The limit is 180 days