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Are you basing this on a calendar year, i.e. Jan to Dec? That is not how it works.They have stayed outside UK in following years.
2016 (full year) - 3 days
2017 (full year) - 183 days
2018 (full year) - 108 days
2019 (full year) - 79 days
2020 (till now) - 0 days
Specific dates are important when you are asking questions on an internet forum. For the visa issued in May 2018, the absence limit will apply. Your spouse should not have been absent from the UK since her May 2018 visa was issued, for 180 days in ANY 12 month period (not calendar year).2018 (full year) - 108 days
2019 (full year) - 79 days
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.”
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.
This is irrelevant as it is before 11th January 2018.Note: Their outside of UK period exceeded 180days in 2017.
Irrelevant.Main applicant have become UK citizen in 2016 and dependants were not eligible during 2016.
They require 5 years, counted from date of initial visa ISSUE date. However, if there was more than 180 days absence in any 12 month period after the May 2018 visa extension, it breaks their continuity of residence.Will they be eligible for ILR 5 year route from 1st Oct'2020 onwards or it has to wait till 2022 and need the existing visa extn. only.
These are the only relevant periods for absence. If it exceeds 180 days in any 12 month period, continuity of residence is broken. You cannot split absences across to qualifying year periods.25/May/2018 10/Sep/2018 108 2018
2/Jun/2019 20/Aug/2019 79 2019
It depends if she meets the requirement of having no more than 180 days absence in ANY 12 months since May 2018.1) If I apply ilr from oct3rd 2020 onwards, it won't break the continuous 180days new rule ? is this correct under my circumstances?
It is IRRELEVANT. Absence for a visa holder with a visa issued BEFORE 11th January 2018 is NOT relevant or counted.2) whether any previous ilr rules applies to 185days absence in 2017 ?
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,
ok. Does the continuous 12 month period start from the day of ILR application submission (e.g. 1Oct2020) to 365 days backwards (e.g. 28thSep2019) and any absences be considered on this as a first calendar year and absence calculation continues ?CR001 wrote: ↑Fri Jul 10, 2020 12:23 pmYou cannot split the absence across two years.
You need to work out if between May 2018 and August 2019 if there is ANY 12 month period where she has 180 or more absence.
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,
thanks. if she can apply on 1st oct20, will she break the 180days ilr new rules ?Zimba wrote: ↑Fri Jul 10, 2020 4:58 pm
Here how it works on a rolling basis calculation. Pick ANY consecutive 12 month period and their absences in that period MUST BE less than 180 days. if you find a period that absences go beyond 180 days, then they fail the requirement.
An example: I chose a 12-month consecutive period between 20 August 2018 to 20 August 2019 and the absences in that period are less than 180 days.
I believe they do not have any consecutive 12 month period where they exceed the 180 days.
NOTE: Absences before May 2018 are ignored as the rules do not impose a limit for PBS dependants. Only absences for visas issued after 11 Jan 2018 count. They got a visa in May 2018. That is the only visa period that matters.
It is ANY RANDOM consecutive 12 months period from 9 May 2018 and onwards.dineshk wrote: ↑Sat Jul 11, 2020 5:42 amno. let give with exact dates here...
Her visa got renewed on 9th may2018, So new rule will come into effect from this date..
if I go by this 9th May2018,
1st Yr anniversary on 8th may 2019 - holidays from 25th march to 10sep18 holidays (109 days) fall here..
2nd Yr anniversary ends on 9th May 2020 - holidays from 2jun2019 to 20th Aug (79 days ) fall here...
these are 2 consecutive years isn't it ? ( if I use 8th May 2018 date).
Why are you looking at form SET M if your dependents have tier 2 dependent visas?? They need to apply in form SET O. if you apply using SET M it will be refused.
What was your immigration status when they applied for and got their visas in 2015?#Both got their initial visa on 11Aug2015 & entered UK on 28Sep2015 via Tier 2 dependent visa
So this was an FLR M visa application?#Visa got renewed in May'2018 and extended till Dec'2020 via resident permit.
not sure on exact form name used on 2018. but application submitted checklist contains product name / service as 'family route'.CR001 wrote: ↑Mon Aug 31, 2020 7:52 pmWhat was your immigration status when they applied for and got their visas in 2015?#Both got their initial visa on 11Aug2015 & entered UK on 28Sep2015 via Tier 2 dependent visa
I was a British citizen when they got their visa on 11aug2015
So this was an FLR M visa application?#Visa got renewed in May'2018 and extended till Dec'2020 via resident permit.