180 Day Absences - PBS dependant

main applicant got ILR 2 years before now pbs dependant applying for ilr

Section 6 - Immigration history
You are not required to complete this section if you are applying in the bereaved partner
categories.
6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
D D M M Y Y Y Y
6.2 Since then have you had any absences from the UK? If yes, give the dates you left and
returned to the UK and the reason for the absence in the spaces below. List all absences
however short and in date order. If you need more space, continue on a separate sheet and
enclose it with your application.
Yes No
Date left UK Date returned to UK Reason for absence
If you have had a gap between periods of valid leave, your leave will only be considered to be
continuous if the late application was submitted:
• before 24 November 2016 and no more than 28 days after your previous leave expired
• on or after 24 November 2016 and no more that 14 days after your previous leave expired
and we consider that there is a good reason beyond your control for the delay
• on or after 24 November 2016 and following the refusal of a previous application for leave
which was made in-time or for which the Secretary of State considered there was a good
reason why it could not be made in-time; and within 14 days of either:
▪▪ the refusal of the previous application for leave
▪▪the expiry of any leave which has been extended by section 3C of the Immigration Act
1971
▪▪ the expiry of the time limit for making an in-time application for administrative review or
appeal (where applicable)
▪▪ any administrative review or appeal being concluded, withdrawn or abandoned or lapsing
Where you have had any gaps of leave of less than 14 days after 24 November 2016, you must
provide evidence of the reason for the delay(s). This includes situations where your application
for settlement falls under one of the above bullet points.
SET(O) Version 01/2018 Page 21
6.3 What evidence has been provided to support the reasons for all absences from the UK?
Evidence of all work-related absences (including paid annual leave) is required from those
applying under:
• Tier 1 (General)
• Tier 2 (Intra-Company Transfer)
• Tier 2 (General)
• Tier 2 (Minister of religion)
• Tier 2 (Sportsperson)
• Tier 5 International Agreement
• Permitted employment categories - except Highly Skilled Migrants
If you are in one of these categories, you must not have had absences from the UK of more
than 180 days in any 12 months. For settlement applications made from 11 January 2018, we
consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month
periods. If you believe that this change would cause you exceptionally harsh consequences, you
must set out the reasons in a letter.
Letter(s) from employer(s) detailing reasons for work-related absences including periods of
paid annual leave from the UK?
Letter from applicant detailing reasons for absence due to compelling or compassionate
reasons
Letter from applicant detailing any exceptionally harsh consequences to them caused by the
change in the way absences from the UK are counted
Original official documents: (medical/birth/death certificate(s))
Letter from travel companies to evidence disruption to travel
Other
If you have ticked ‘Other’, please briefly specify below what evidence you have provided. Please
note only evidence of compelling or compassionate reasons must be listed in this box.
6.4 When did you last enter the UK? D D M M Y Y Y Y
6.5 Did you last enter the UK using a valid passport or travel
document?
Yes No
6.6 Do you currently have valid leave to enter or remain in the UK? Yes No
6.7 What date was your last period of leave valid until?
D D M M Y Y Y Y If this date has passed please answer 6.8, otherwise go
to question 6.9.
SET(O) Version 01/2018 Page 22
6.8 Was there a reason beyond your control why you did not apply before your leave to remain
expired?
Yes No
If you have ticked yes, you must provide evidence of your exceptional circumstances. Please
see the guidance notes for more information.
6.9 What evidence of leave stated in 6.6 has been provided?
Passport
National identity card
Travel document
Biometric residence permit
Other
None
6.10 If you spent any part of the 5 year continuous period with leave to enter or remain in the
Crown dependencies (Isle of Man and the Bailiwicks of Jersey and Guernsey), please indicate
below where and when this was:
Crown Dependency Category of leave From To
Example: Isle of Man Tier 2 (General) 1 Jan 2015 1 Mar 2015
6.11 Please give the dates of any absences spent outside of the Crown dependencies (Isle of
Man and the Bailiwicks of Jersey and Guernsey) and the UK.
From To Reason for absence
SET(O) Version 01/2018 Page 23
Please complete this section for all dependants who are applying.
Photocopy this page if necessary.
6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
D D M M Y Y Y Y
6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.
6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?
Yes No
If yes give the dates you left and returned to the UK and the reason for the absence in the
spaces below. List all absences however short and in date order. If you need more space,
continue on a separate sheet and enclose it with your application.
Date left UK Date returned to UK Reason for absence

in the absences as a dependant need to fill 6.12 or 6.1 or both section
if i fill 6.1 then they asking absences details
if i fill 6.12 then question coming leave granted since 11 jan 2018 yes need to give absences // no then no need to give absences.
pls help

Can you please just specify your questions? Very messy.

Section 6 - Immigration history
6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
// i got ilr she only applying ilr //as a tier 1 g pbs dependant

Please complete this section for all dependants who are applying.
6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.


if she apply ilr alone how we can fill these two questions??

raaji wrote: ↑

Tue Apr 24, 2018 8:16 am

Section 6 - Immigration history
6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
// i got ilr she only applying ilr //as a tier 1 g pbs dependant

Please complete this section for all dependants who are applying.
6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.


if she apply ilr alone how we can fill these two questions??

If your dependent is applying alone for ILR on Set(O), then the dependent is the MAIN applicant and NOT you if you already hold ILR.

I got ILR Through Tier 1 G 31/03/2016 still i didnt get british passport.

my wife (PBS Dependant ) got visa 14/02/2014 and extended 31/03/2016 until 31/03/2019.
she will qualify for ILR 5 year route on 31/03/2019.
and she entered in to uk on 14/04/2014.

question is absences ( new rule 11th jan 2018)

14/02/2014 to 14/02/2015 - enterd uk 59 days later
14/02/2015 to 14/02/2016 - 0 days
14/02/2016 to 14/02/2017 - 30 days
14/02/2017 to 14/02/2018 - 9 days
14/02/2018 to 31/03/2019 - she is now in sri lanka after baby born in uk . she went 05/02/2018 and planning to stay 8 months until 30/09/2018.
is this problem for her ILR applying on 31/03/2019 under the new rule in place 11th jan 2018.

i seen if entry visa and extension given before 11/01/2018 and then 180days rule not applying wheather the absences more than 180 days fallen after 11/01/2018.

I consulted 4 solicitors 3 of them said this new rule not apply for her because she don't need any extension visa after 11 jan 2018 for ilr. so more than 180 day not affect ilr.
but one solicitor said she cant be outside uk more than 180 days for ilr.

i seen set(o) form
Please complete this section for all dependants who are applying

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.
answer no then no need to mention absences.(but she only applying as a main applicant because i got ILR so she need to fill main applicant part not dependant part. )
the form designed for everyone like main applicant and dependants.
6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?

........................
if she filling main applicant part then they asking all absences.
6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
D D M M Y Y Y Y

6.2 Since then have you had any absences from the UK? If yes, give the dates you left and
returned to the UK and the reason for the absence in the spaces below. List all absences
however short and in date order. If you need more space, continue on a separate sheet and
enclose it with your application.
Yes No
Date left UK Date returned to UK Reason for absence

can moderators answer this question pls. how to fill the form ?

thank you

can moderators answer this question pls. how to fill the form ?

Why are you completing a form now when she only qualifies next year??

The form could change and there could be rule changes before March 2019.

i need to confirm more than 180 day absences not problem for her ilr.