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Tier 2 dependent to ILR

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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srisath
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Tier 2 dependent to ILR

Post by srisath » Sun Dec 23, 2018 9:14 pm

Hello friends,

I'm new to this board. If this is repeated question please apologize and kindly help me getting through.

My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.

1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR?

2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year.

Thanks.

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cyclina1
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Re: Tier 2 dependent to ILR

Post by cyclina1 » Sun Dec 23, 2018 10:24 pm

srisath wrote:
Sun Dec 23, 2018 9:14 pm
Hello friends,

I'm new to this board. If this is repeated question please apologize and kindly help me getting through.

My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.

1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.

2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero.

Thanks.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

srisath
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Posts: 7
Joined: Sun Dec 23, 2018 8:58 pm

Re: Tier 2 dependent to ILR

Post by srisath » Mon Dec 24, 2018 6:58 am

cyclina1 wrote:
Sun Dec 23, 2018 10:24 pm
srisath wrote:
Sun Dec 23, 2018 9:14 pm
Hello friends,

I'm new to this board. If this is repeated question please apologize and kindly help me getting through.

My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.

1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.

2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero. Hi Cyclina please be clear is the rule applies after 11 Jan 2018 to all who were already in PBS dependent leave granted (or) only for PBS dependent leave granted from 11 Jan 2018? Because my PBS dependent leave granted on 07 Aug 2017 valid until 28 May 2019.

Thanks.

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cyclina1
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Posts: 924
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Hong Kong

Re: Tier 2 dependent to ILR

Post by cyclina1 » Mon Dec 24, 2018 8:40 am

srisath wrote:
Mon Dec 24, 2018 6:58 am
cyclina1 wrote:
Sun Dec 23, 2018 10:24 pm
srisath wrote:
Sun Dec 23, 2018 9:14 pm
Hello friends,

I'm new to this board. If this is repeated question please apologize and kindly help me getting through.

My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.

1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.

2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero. Hi Cyclina please be clear is the rule applies after 11 Jan 2018 to all who were already in PBS dependent leave granted (or) only for PBS dependent leave granted from 11 Jan 2018? Because my PBS dependent leave granted on 07 Aug 2017 valid until 28 May 2019.

Thanks.
read 7.21

https://assets.publishing.service.gov.u ... LE__2_.pdf

it applies to every PBS dependent. but only absence from 11 jan 2018 will be counted towards 180 days.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Re: Tier 2 dependent to ILR

Post by cyclina1 » Mon Dec 24, 2018 8:54 am

also read -

paragraph 319E(d)(ii)(d)

https://www.gov.uk/guidance/immigration ... ly-members
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

livlivuk
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Re: Tier 2 dependent to ILR

Post by livlivuk » Mon Dec 24, 2018 10:58 am

Hi Srisath,
As far as I understand from the guidelines, it only applies to dependants who had their leave granted after 11th January 2018 which is when the change came into place. So if any of your leave or extension was granted after 11th Jan 2018, then the 180 days will apply to you and any absences after 11th Jan 2018 if that makes any sense. Best to get advice from senior members such as Vinny, Cr001, Zimba, etc. Hope this helps and good luck with your application.

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CR001
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Re: Tier 2 dependent to ILR

Post by CR001 » Mon Dec 24, 2018 11:32 am

cyclina1 wrote:
Mon Dec 24, 2018 8:40 am
read 7.21

https://assets.publishing.service.gov.u ... LE__2_.pdf

it applies to every PBS dependent. but only absence from 11 jan 2018 will be counted towards 180 days.
You are mistaken. 7.21 in the link clearly states it only applies to PBS Dependent visas granted from and after 11th January 2018.
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
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Tier 2 dependent to ILR

Post by CR001 » Mon Dec 24, 2018 11:33 am

Char (CR001 not Casa)
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cyclina1
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Re: Tier 2 dependent to ILR

Post by cyclina1 » Mon Dec 24, 2018 12:31 pm

CR001 wrote:
Mon Dec 24, 2018 11:32 am
cyclina1 wrote:
Mon Dec 24, 2018 8:40 am
read 7.21

https://assets.publishing.service.gov.u ... LE__2_.pdf

it applies to every PBS dependent. but only absence from 11 jan 2018 will be counted towards 180 days.
You are mistaken. 7.21 in the link clearly states it only applies to PBS Dependent visas granted from and after 11th January 2018.
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
Again the caseworker works differently from the guideline on continuous residence? They even make an example.

See page 8.

https://assets.publishing.service.gov.u ... .0-EXT.pdf
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Re: Tier 2 dependent to ILR

Post by cyclina1 » Mon Dec 24, 2018 12:41 pm

Is anyone know any successful case of ILR that the PBS dependent granted or extended leave of remain BEFORE 11 Jan 2018, AND has more than 180 days absence AFTER 11 Jan 2018?

I don't know how can I interpret that wrong, but the fact is better~
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: Tier 2 dependent to ILR

Post by CR001 » Mon Dec 24, 2018 1:20 pm

cyclina1 wrote:
Mon Dec 24, 2018 12:41 pm
Is anyone know any successful case of ILR that the PBS dependent granted or extended leave of remain BEFORE 11 Jan 2018, AND has more than 180 days absence AFTER 11 Jan 2018?

I don't know how can I interpret that wrong, but the fact is better~
You are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)

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

https://www.gov.uk/guidance/immigration ... #pt8family
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

livlivuk
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Re: Tier 2 dependent to ILR

Post by livlivuk » Mon Dec 24, 2018 1:30 pm

The example cited on the link cyclina1 posted clearly states

"You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018."


The watch word is the extension granted from 1st January 2018 which I underlined. As far as I understand, it will only apply if you had any leave or extension granted from 1st Jan 2018 onwards. I recently got my ILR via Tier 2 Dependant (using the Set O form). There is a question which asks if you have any leave granted in January 2018. If you click Yes, it will let you list out your absences and if you click No, there will be no need to list out your absences. So once again, if your last extension was before Jan 2018, you do not need to worry about absences.

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cyclina1
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Re: Tier 2 dependent to ILR

Post by cyclina1 » Mon Dec 24, 2018 1:34 pm

CR001 wrote:
Mon Dec 24, 2018 1:20 pm
cyclina1 wrote:
Mon Dec 24, 2018 12:41 pm
Is anyone know any successful case of ILR that the PBS dependent granted or extended leave of remain BEFORE 11 Jan 2018, AND has more than 180 days absence AFTER 11 Jan 2018?

I don't know how can I interpret that wrong, but the fact is better~
You are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)

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

https://www.gov.uk/guidance/immigration ... #pt8family
I dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: Tier 2 dependent to ILR

Post by CR001 » Mon Dec 24, 2018 1:40 pm

cyclina1 wrote:
Mon Dec 24, 2018 1:34 pm
CR001 wrote:
Mon Dec 24, 2018 1:20 pm
cyclina1 wrote:
Mon Dec 24, 2018 12:41 pm
Is anyone know any successful case of ILR that the PBS dependent granted or extended leave of remain BEFORE 11 Jan 2018, AND has more than 180 days absence AFTER 11 Jan 2018?

I don't know how can I interpret that wrong, but the fact is better~
You are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)

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

https://www.gov.uk/guidance/immigration ... #pt8family
I dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."
The Immigration Rules are clear. Absence for visas issued before 11th January do not count. How YOU choose to interpret it is irrelevant. Kindly do not offer wrong advice that can cause stress and anxiety for members based on your interpretation. It states very clearly that absence only affects visas issued from 11th January 2018 under the new rules so as NOT to have a 'retrospective' effect on visas held that were issued prior to this date.

Please do click on the links and read them carefully in their entirety.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

livlivuk
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Re: Tier 2 dependent to ILR

Post by livlivuk » Mon Dec 24, 2018 1:46 pm

cyclina1 wrote:
Mon Dec 24, 2018 1:34 pm
CR001 wrote:
Mon Dec 24, 2018 1:20 pm
cyclina1 wrote:
Mon Dec 24, 2018 12:41 pm
Is anyone know any successful case of ILR that the PBS dependent granted or extended leave of remain BEFORE 11 Jan 2018, AND has more than 180 days absence AFTER 11 Jan 2018?

I don't know how can I interpret that wrong, but the fact is better~
You are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)

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

https://www.gov.uk/guidance/immigration ... #pt8family
I dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."
The guidance is very clear on this issue and I am not sure if there is any other way for this to be interpreted. It appears simple and straightforward. An immigration change was confirmed in Jan 2018, I don't see why the change should affect leave granted before Jan 2018 and it clearly says it does not. The poster can always get immigration advice if she is still unsure but the guidance is clear, the online form is clear, etc.

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