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Tier 2 general PBS Dependent ILR Continuous stay query

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.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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ahsan225
Newly Registered
Posts: 17
Joined: Sat Apr 06, 2013 5:07 pm

Tier 2 general PBS Dependent ILR Continuous stay query

Post by ahsan225 » Mon Mar 08, 2021 11:34 am

Hi,

I am a PBS dependent with the following visa grants

Initial grant:

Jan 2017- jan 2020 - PBS dependent
Absences:
2017 - 231 days (Mar 2017 - Dec 2017)
2018 - 140 days (jan 2018 - Dec 2018)

Extension:
Jan 2020 - Jan 2023
Absences: 0

with the whole new skilled worker category coming in, i was confused whether under rule 319(e) I would satisfy the continuous residence requirement for ILR Applcation in 2021 since according to 319(e) the 180 day uk residence will only be applicable for visas granted after 11th Jan 2018 (which in my case would be the extensison).

vinny
Moderator
Posts: 30402
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 2 general PBS Dependent ILR Continuous stay query

Post by vinny » Mon Mar 08, 2021 11:46 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ahsan225
Newly Registered
Posts: 17
Joined: Sat Apr 06, 2013 5:07 pm

Re: Tier 2 general PBS Dependent ILR Continuous stay query

Post by ahsan225 » Mon Mar 08, 2021 11:53 am

Hi Vinny,

I had found the above post. however, wasnt able to understand whether as a tier 2 general PBS dependent the absences mattered in the ILR. It would be very kind of you if you could elaborate.

Thanks,
Syed

vinny
Moderator
Posts: 30402
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 2 general PBS Dependent ILR Continuous stay query

Post by vinny » Mon Mar 08, 2021 12:01 pm

vinny wrote:
Sat Mar 06, 2021 2:21 pm
Dependent family members in work routes (immigration staff guidance)
5-year residence requirement: partners

Those who are required to complete a qualifying period must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period.

You must not include any absence from the UK during periods of permission granted under the Immigration Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependent partner’s qualifying period includes initial permission granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.

Related rules
GT 31.1, IA 36.1, INN 39.1, MOR 35.1, SP 36.1, SW 43.1.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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