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ILR Absence for PBS Dependant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

ILR Absence for PBS Dependant

Post by raaji » Wed Oct 03, 2018 4:14 pm

I got ILR Through Tier 1 G 31/03/2016

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 14/01/2019.

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 - 230 days
is this problem for her ILR applying on 15/01/2019 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 checked in the set(o) form

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.
if yes - need to fill absences
if no - move to next section ne need to fill absences.

Can you advice this absences ok for ILR or need to do the extension?

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: ILR Absence for PBS Dependant

Post by Djsuccess » Wed Oct 03, 2018 8:00 pm

raaji wrote:
Wed Oct 03, 2018 4:14 pm
I got ILR Through Tier 1 G 31/03/2016

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 14/01/2019.

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 - 230 days
Are you saying she is out of the country since 14/02/2018 and not planning to come back until 31/03/2019?

is this problem for her ILR applying on 15/01/2019 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 checked in the set(o) form

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.
if yes - need to fill absences
her extension was granted in 2016. so, it's a NO to this question
if no - move to next section ne need to fill absences.

Can you advice this absences ok for ILR or need to do the extension?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

Re: ILR Absence for PBS Dependant

Post by raaji » Thu Oct 04, 2018 6:35 am

NO She was back 25/09/2018 now in uk.

raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

Re: ILR Absence for PBS Dependant

Post by raaji » Thu Oct 04, 2018 7:22 am

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 - 0 days
14/02/2018 to 31/03/2019 - 230 days(08/02/18 to 25/09/18)

is this problem for her ILR applying on 15/01/2019 under the new rule in place 11th jan 2018.

raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

Re: ILR Absence for PBS Dependant

Post by raaji » Thu Oct 04, 2018 12:10 pm

Anyone reply???

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: ILR Absence for PBS Dependant

Post by Djsuccess » Thu Oct 04, 2018 8:21 pm

raaji wrote:
Thu Oct 04, 2018 7:22 am
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 - 0 days
14/02/2018 to 31/03/2019 - 230 days(08/02/18 to 25/09/18)

Whether old or new rule, she has spent more than 180 days outside within a year.
is this problem for her ILR applying on 15/01/2019 under the new rule in place 11th jan 2018.
Looking at the dates you have given she would have spent at least 230 days out of the UK between 15/01/2018 and 15/01/2019. unfortunately, it appears that she has broken her continuous stay.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

raaji
Junior Member
Posts: 69
Joined: Mon Dec 20, 2010 8:46 pm

Re: ILR Absence for PBS Dependant

Post by raaji » Fri Oct 05, 2018 9:09 am

In Set(o) form

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.
my situation NO then no need to mention any absences

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

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: ILR Absence for PBS Dependant

Post by Djsuccess » Fri Oct 05, 2018 11:09 am

raaji wrote:
Fri Oct 05, 2018 9:09 am
In Set(o) form

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.
my situation NO then no need to mention any absences

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
There was no absence limit requirement for PBS dependents holding visas granted before 11 January 2018. So I believe she does not need to mention any absence. You are right. Sorry about my previous response.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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