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The 180 days rule for ILR for PBS dependents

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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benhuang
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The 180 days rule for ILR for PBS dependents

Post by benhuang » Sat Aug 31, 2019 10:53 pm

Hi Marncath and other senior members,

I am Tier 1 PBS dependent. I have recently got my Tier 1 PBS visa extension approved and the relevant dates are as follows:

1. Date of approval for initial Tier 1 visa (date of 1st entry into UK)---6/1/2016
2. Date Tier 1 visa expired -----5/5/2019
3. Date Tier 1 visa extended-----12/6/2019 until 12/6/2021

I have the following questions:

1.I wonder how the absence of not more than 180 days rule apply to me??

2.Does it mean that this continuous residence rule is applicable to me only for the period from 12/6/2019 to 5/1/2021 (the date I entitle to ILR application) since the extension is granted after 11/1/2018??

3.Or it is not applicable to me at all as i am entitle to ILR application on 6/1/2021 instead of visa extension?

Please advise and look forward to hearing from you.

Thank you.

Kind regards

Ben

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marcnath
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Re: The 180 days rule for ILR for PBS dependents

Post by marcnath » Sun Sep 01, 2019 12:56 am

benhuang wrote:
Sat Aug 31, 2019 10:53 pm
Hi Marncath and other senior members,

I am Tier 1 PBS dependent. I have recently got my Tier 1 PBS visa extension approved and the relevant dates are as follows:

1. Date of approval for initial Tier 1 visa (date of 1st entry into UK)---6/1/2016
2. Date Tier 1 visa expired -----5/5/2019
3. Date Tier 1 visa extended-----12/6/2019 until 12/6/2021

I have the following questions:

1.I wonder how the absence of not more than 180 days rule apply to me??

2.Does it mean that this continuous residence rule is applicable to me only for the period from 12/6/2019 to 5/1/2021 (the date I entitle to ILR application) since the extension is granted after 11/1/2018??

3.Or it is not applicable to me at all as i am entitle to ILR application on 6/1/2021 instead of visa extension?

Please advise and look forward to hearing from you.

Thank you.

Kind regards

Ben
Option 2
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.

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Fri Sep 06, 2019 4:18 pm

Hi marcnath and other senior members,

Thank you Marcnath for your prompt reply. Noted OPTION 2.

The following are the 12-month period if I count backwards from ILR entitlement date of 5/1/2021:

1. 5/1/2021 counted backwards to 6/1/2020 (12 months),

2. 5/1/2020 counted backwards to 12/6/2019 (Tier 1 visa extended) (6 months ++),

Referring to the above dates, am i correct to say that:

a. if i maintain 185 days or more, presence in UK under (1) above, then I am safe?

b. Period (2) above is less than 12 months, so how many days should I present in the UK?

Look forward to hearing from you.

Kind regards

Ben

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Mon Sep 09, 2019 11:26 am

Hi Marncath and other senior members,

I am still wating for your valuable inputs to my questions above.

In addition to the above questions, i have another question regarding the investment of 200k pounds. Even though i have got my Tier 1 visa extended on 12/6/2019, i believe i still have to maintain the inital 200k investment until the application for ILR. Having said that, can I take out say 50K pounds for other use not related to the Tier 1 biz and only a year later repay the full amount back to the biz? Would HO disqualify me for the application for ILR?

Waiting anxiously for your reply.

Thanks

Regards

Ben

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Tue Oct 01, 2019 10:43 pm

Dear All,

Can anyone help to clear my doubts above?

Thank you all in advance.

Kind regards

Ben

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Zimba
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Re: The 180 days rule for ILR for PBS dependents

Post by Zimba » Tue Oct 01, 2019 11:19 pm

a. if i maintain 185 days or more, presence in UK under (1) above, then I am safe?
Yes
b. Period (2) above is less than 12 months, so how many days should I present in the UK?
You should count the period backwards still in 12 months steps but ignore all absences before 12/6/2019

You do not need to show evidence of investment again for ILR however you must show the money is still fully invested or you still have access to it if asked again during ILR
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Fri Oct 11, 2019 12:11 pm

Dear Zimba,

Thank you for your reply, I just noted your comment.

Regarding the following:
b. Period (2) above is less than 12 months, so how many days should I present in the UK?

I understand I still have to count 12 months backwards from 5/1/2020 and all the absences before 12/6/2019 can be ignored. So during this period, does Home Office apportion the required number of days to live in the UK by reference to 185 days. i.e from 5/1/2020 backwards to 12/6/2019 (217 days in total). If I apportion 217 days over 365 days mutiply by 185 days equals approximately 110 days. Does it mean that I have to live in this country for at least 110 days during this period??

Thank you once again for your valuable input.

Looking forward to hearing from you.

Kind regards

Ben

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Zimba
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Re: The 180 days rule for ILR for PBS dependents

Post by Zimba » Fri Oct 11, 2019 1:08 pm

No there is no proportional calculation. As I told you above, they assume it in 12 months only and simply ignore the days of absences before 12/6/2019
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Sat Oct 12, 2019 5:40 pm

Dear Zimba,

Thank you very much for clarification but I am still a little bit unclear....

So regarding the 2nd period from 5/1/2020 counting backward to 12/6/2019 (visa extension date), I only need to be present in the UK for 26 days calculated as follows, then I am complying with HO rules:

a. from 6/1/2019 to 11/6/2019 ----- 157 days will be assumed by HO to be in the UK as any absences will be ignored.
b. from 12/6/2019 to 5/1/2020------ 26 days present in UK to make up the total 183 days

Please confirm my understanding above is correct as I have to make sure I got it right so that I can plan my trip ahead.

Thank you in advance for your help.

Kind regards

Ben

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Sat Oct 12, 2019 5:50 pm

Dear Zimba,

In addition to the above question, i have one more question to clarify.

My wife (main applicant), both myself and kid are dependents. I understand that my wife and myself both graduated in the UK, so we do not have to go through the English test for IRL application purposes. My kid did GCSE exams including English as a subject and now he is doing A-level in the uk, does he need the English test for IRL application?

Thank you.

Looking forward to hearing from you.

Regards

Ben

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Re: The 180 days rule for ILR for PBS dependents

Post by CR001 » Sat Oct 12, 2019 5:57 pm

benhuang wrote:
Sat Oct 12, 2019 5:50 pm
Dear Zimba,

In addition to the above question, i have one more question to clarify.

My wife (main applicant), both myself and kid are dependents. I understand that my wife and myself both graduated in the UK, so we do not have to go through the English test for IRL application purposes. My kid did GCSE exams including English as a subject and now he is doing A-level in the uk, does he need the English test for IRL application?

Thank you.

Looking forward to hearing from you.

Regards

Ben
If the child is over 18 then they need liuk and B1 English. GCSE and a levels is not accepted.

Also on your absence calc, stop trying to work out days you have to present in the UK and simply work on the days absent, which is what ho will as it 180 days in any 12 month period for visas issued after 11th January 2018.
Char (CR001 not Casa)
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benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Sun Oct 13, 2019 5:22 pm

Dear CR001,

Thank you for your response.
Based on your advice, I recalculated the potential number of days absent in the UK for your review:

Regarding the 2nd period from 5/1/2020 counting 12 months backward to 6/1/2019 (Note:12/6/2019 is the visa extension date), I foresee myself to be absent from the uk for only 60 days calculated as follows:

a. from 6/1/2019 to 11/6/2019 ----- 157 days will be assumed by HO to be in the UK as any absences will be ignored. So number of days absent is NIL.
b. during the period from 12/6/2019 to 5/1/2020------ based on my travelling plan, i will be absent from the UK from 7/11/2019 up till 5/1/2020 . So the number of days absent from uk is 60 days.

Based on the above calculation, for the entire 12 month period from 5/1/2020 counting backwards to 6/1/2019, i actually satisfy the rule of "being absent from the uk for not more than 180 days". Please confirm my understanding is correct.

I take note of your comment on English test for my kid.

May I know where can i get a copy of the online application form for ILR? I need to read through to decide whether I can handle the application form myself or I need a solicitor to help me with the application?

Thank you in advance!

Kind regards

Ben

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Zimba
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Re: The 180 days rule for ILR for PBS dependents

Post by Zimba » Sun Oct 13, 2019 6:43 pm

It is correct. You apply online there is no form
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Sun Oct 13, 2019 7:48 pm

Dear Zimba/ CR001/ other senior members,

Zimba, thank you for your response once again.

Noted that there is no ILR application form which can be downloaded for reference as to what is required.

I am under Tier 1 entrepreneur visa route to ILR:

1.is the form SET(O)?
2. is there any priority or premium service for this category? and how much is the fees for both the main applicant and dependent?

Thank you in advance.

Kind regards

Ben

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Zimba
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Re: The 180 days rule for ILR for PBS dependents

Post by Zimba » Sun Oct 13, 2019 10:18 pm

1. Yes
2. No, only standard. Link to fees is on top of the ILR sub forum as a sticky post
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benhuang
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Re: The 180 days rule for ILR for PBS dependents

Post by benhuang » Mon Oct 14, 2019 10:55 pm

Dear Zimba,

Thank you for your reply.

Kind regards

Ben

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