Tier 1 (Entrepreneur) Dependent Continuous Stay outside UK 90 or 180 Days

Hi Admins,

My Spouse is on Tier-1 (Entrepreneur) Dependent Visa.

The first visa was granted in March 2019 until Sept 2019. Then my spouse applied for further 3 years extension, And it was granted in Jan 2020 after I was granted ILR in Jan 2020.
Now my Questions are:

1- So I am on ILR now, spouse has received 3 years T-1 Ent dependent extension, should my spouse convert visa to 'spouse of settled person category' since I am on ILR now OR my spouse can continue as T-1 Ent dependent and apply for ILR after 5 years?

2- Please note my spouse would need 1 more extension to complete 5 years, so that extension will be again as dependent of T-1 Ent?

3- Can my spouse stay CONTINUOUSLY outside UK for more than 90 days? I know that as per guideline, You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period, but I was thinking if there is any rule which says T-1 Ent dependent cannot stay outside UK for continuous 90 days? however I could not find anything related to 90 days in T-1 Ent guideline. Please advise.

4- My spouse was granted 1st time T-1 Ent dependent visa in March 2019 so qualifying/Calendar year will be from March to March each year or it will be from Jan to Dec each year?

Please advise thanks

Regards

1. No. She can continue on her current visa until she qualifies for ILR.

2. Yes, another 3 year extension.

3. There is NO 90 day rule on absence!!!

4. ILR qualifying is from date initial visa was ISSUED. Absence is no more than 180 days in ANY 12 month rolling period.

Hi CR001,

Many thanks for your reply.

2. Yes, another 3 year extension. - with current visa, my spouse will complete 3 years and 10 months (6 months initial dependent visa + 4 months extension visa wait + 3 years T-1 Ent dependent extension), so next extension will not be for 2 years instead of 3?

4. ILR qualifying is from date initial visa was ISSUED. Absence is no more than 180 days in ANY 12 month rolling period. - Initial visa was issued in March 2019 so absence should not be more than 180 days march to march each year?

2. Yes, another 3 year extension. - with current visa, my spouse will complete 3 years and 10 months (6 months initial dependent visa + 4 months extension visa wait + 3 years T-1 Ent dependent extension), so next extension will not be for 2 years instead of 3?

A PBS Dependent extension is granted for 3 years when the main PBS migrant has got ILR. This is clearly stated in the Immigration Rules and there is no discretion to grant or apply for a lesser period.

4. ILR qualifying is from date initial visa was ISSUED. Absence is no more than 180 days in ANY 12 month rolling period. - Initial visa was issued in March 2019 so absence should not be more than 180 days march to march each year?

In ANY 12 month period, not calendar month period or x month to x month, it is ANY 12 month period.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

Reintroducing 180-day absence limit for PBS partners.

New statement of changes to the Immigration Rules: HC309 wrote:Extending the 180-day absence criterion for main ILR applicants under the points-based system to partners of the main applicants as well.

8.33 wrote:After paragraph 319E(d)(ii)(c), insert:
“(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and
(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.”.

Implementation wrote:The changes to Part 5 set out in paragraphs 5.13 to 5.15 and 5.18 to 5.19, to Part 7 set out in paragraphs 7.3 to 7.5 and 7.7, to Part 8 set out in paragraphs 8.20 and 8.36, and to Appendix Armed Forces set out in paragraph AF2. of this statement shall take effect on the commencement of Schedule 10 to the Immigration Act 2016.

New statement of changes to the Immigration Rules: HC309 wrote:Different elements of the changes take effect at different times, but most come into force between 28 December 2017 and 11 January 2018. The exception is the changes related to immigration bail, which take effect only upon the commencement of Schedule 10 of the Immigration Act 2016. That is to be “as soon as practicable“.

Explanatory memorandum HC309, 7 December 2017 wrote:Changes to indefinite leave to remain in work categories

7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

A PBS Dependent extension is granted for 3 years when the main PBS migrant has got ILR. This is clearly stated in the Immigration Rules and there is no discretion to grant or apply for a lesser period.

So dependent will get 3 years extension and pay 3 years IHS but can apply for ILR even if they complete their 5 years in 1st year of that 3 years extension?

In ANY 12 month period, not calendar month period or x month to x month, it is ANY 12 month period. So how do we make a count that spouse should not be outside for 180 days in 12 months. So this any 12 months period will start from the day when spouse will leave the UK? Like if they are out of UK for 3 months (Jan-Mar 2020) and then again for 3 months (Dec 2020 to Feb 2021), will it be classed as 6 months outside UK in 12 months or since they left in Jan 2020 so it will be 5 months outside UK from Jan 2020 to Jan 2021?

Please advise. Thanks

helios3 wrote: ↑

Thu Feb 13, 2020 1:05 pm

A PBS Dependent extension is granted for 3 years when the main PBS migrant has got ILR. This is clearly stated in the Immigration Rules and there is no discretion to grant or apply for a lesser period.

So dependent will get 3 years extension and pay 3 years IHS but can apply for ILR even if they complete their 5 years in 1st year of that 3 years extension?

Correct

helios3 wrote: ↑

Thu Feb 13, 2020 1:05 pm

In ANY 12 month period, not calendar month period or x month to x month, it is ANY 12 month period. So how do we make a count that spouse should not be outside for 180 days in 12 months. So this any 12 months period will start from the day when spouse will leave the UK? Like if they are out of UK for 3 months (Jan-Mar 2020) and then again for 3 months (Dec 2020 to Feb 2021), will it be classed as 6 months outside UK in 12 months or since they left in Jan 2020 so it will be 5 months outside UK from Jan 2020 to Jan 2021?

Please advise. Thanks

In your example, it will be 4 months between Jan 2020 and Dec 2020, 4 months between Feb 2020 and Jan 2021 and so on. You can pick any continuous 365 days and check if the person was out of the country for 180 of those.