ILR on 5 years PBS Dependent route

Hi everyone,

Quick questions and will appreciate your help.

My wife got a PBS Dependent visa in Sep 2017. I was on T1 visa back then.

I got my ILR in October 2018 (based on 5 years in T1), so my wife extended her PBS dependent for a further 3 years, valid until October 2021. She will complete her 5 years on this route in Sep 2022.

Then I became a BC in 2019.

My wife has also completed her 10 years in the UK in September 2020 (however she was absent from the UK for a total of 640 days over 10 years. All other conditions are met if we were to apply on that basis).

Question:

1. What is the fastest way for her to get ILR and naturalise?
2. How many days she can be absent from the UK to still qulify for ILR (i might need to work abroad).

thank you,
SR

She has absence limits for any leave granted after 11th Jan 2018. Not more than 180 days on rolling basis. Also, she will need to provide last 2 years of cohabitation evidence of living in UK before she can apply ILR once she completes 5 years minus 28 days counting from initial visa issue date.

She can apply for Naturalisation as soon after getting ILR.

So she can apply for ILR in Sep 2022 given she meets all requirements.

CULLINAN wrote: ↑

Thu Nov 19, 2020 3:23 pm

She has absence limits for any leave granted after 11th Jan 2018. Not more than 180 days on rolling basis. Also, she will need to provide last 2 years of cohabitation evidence of living in UK before she can apply ILR once she completes 5 years minus 28 days counting from initial visa issue date.

She can apply for Naturalisation as soon after getting ILR.

So she can apply for ILR in Sep 2022 given she meets all requirements.

Thanks CCULLINAN.

How does 180 days rolling absence work? If we take 2 years from today until Sept 2022, does it mean absence of 360 days total is max over these two years?

I understand that for naturalisation there would be a requirement of no more than 90 days in the last year and no more than 540 days total across 5 years.

SR

https://assets.publishing.service.gov.u ... gov-uk.pdf

No. Your understanding for rolling basis absence is not correct. See the guidance above to understand.

Also, for naturalisation, since you are a BC, she will only be subject to last 3 years residence only. Not more than 270 days outside UK in the last 3 years and not more than 90 days in the last 1 year from the date of application.

CULLINAN wrote: ↑

Thu Nov 19, 2020 4:02 pm

https://assets.publishing.service.gov.u ... gov-uk.pdf

No. Your understanding for rolling basis absence is not correct. See the guidance above to understand.

Also, for naturalisation, since you are a BC, she will only be subject to last 3 years residence only. Not more than 270 days outside UK in the last 3 years and not more than 90 days in the last 1 year from the date of application.

many thanks for sharing the guidance and your response!

Could you please point me to the guidance that mentions only last 3 years residence for her? I thought that was before and is no longer applicable.

sky_rise wrote: ↑

Fri Nov 20, 2020 9:01 am

CULLINAN wrote: ↑

Thu Nov 19, 2020 4:02 pm

https://assets.publishing.service.gov.u ... gov-uk.pdf

No. Your understanding for rolling basis absence is not correct. See the guidance above to understand.

Also, for naturalisation, since you are a BC, she will only be subject to last 3 years residence only. Not more than 270 days outside UK in the last 3 years and not more than 90 days in the last 1 year from the date of application.

many thanks for sharing the guidance and your response!

Could you please point me to the guidance that mentions only last 3 years residence for her? I thought that was before and is no longer applicable.

no worries, i found it on gov UK.