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180 Days absence from UK Tier-1 Ent Dependent

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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helios3
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180 Days absence from UK Tier-1 Ent Dependent

Post by helios3 » Sat Jul 31, 2021 4:50 pm

Hi Admins,

Please advise on the below.

I am on ILR but my wife is still on Tier-1 Ent Dependent Visa.
She went to Pakistan and got stuck there as UK put Pakistan in travel redlist.
Is there any 180 days absence rule for Tier-1 Ent Dependent Visa holders?
She cannot do hotel quarantine as we have children and its difficult to do hotel quarantine with Kids.

Please advise is there any relaxation for 180 days absence rule?
Also if she overstays outside Uk for more than 180 days, can she still Return to UK let’s say on 190th day or so?

Please advise
Thanks

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CR001
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by CR001 » Sat Jul 31, 2021 4:55 pm

It depends when her last visa was issued. Was it issued before or after 11th January 2018??
Char (CR001 not Casa)
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helios3
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by helios3 » Sat Jul 31, 2021 4:58 pm

Her last dependent visa was issued in January 2020 for 3 years. Thanks

helios3
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by helios3 » Sun Aug 01, 2021 7:33 am

CR001 wrote:
Sat Jul 31, 2021 4:55 pm
It depends when her last visa was issued. Was it issued before or after 11th January 2018??
Her last dependent visa was issued in January 2020 for 3 years. Thanks

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zimba
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by zimba » Sun Aug 01, 2021 10:05 pm

180 days rule applies to her From Jan 2020
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

helios3
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by helios3 » Mon Aug 02, 2021 11:35 am

Zimba wrote:
Sun Aug 01, 2021 10:05 pm
180 days rule applies to her From Jan 2020
Hi Zimba,

My apologies, I didn’t get what you said.
My wife is on Tier-1 Ent dependent visa since March 2019, she got her extension for 3 years in Jan 2020 when I got my ILR.
Since Jan 2020, she was out of the UK from April to July 2020. (4 months)

And now she is again out of the UK from 16 March 2021 until now, so my query is that does she has to return to UK before 16 Sept 2021 when her 180 continuous absence from UK completes?
OR

She can stay overseas past 16 sept 2021 and it will be only matter at the time of ILR? She will get another 3 years extension in Jan 2023 so we can cover the missing days then before she apply for ILR.

For now my query is that can she return to UK after her 180 days UK absence starting 16 March 2021? OR does she has to return to UK before 180 days absence completes on 16 Sept 2021?

Please advise thanks

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zimba
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by zimba » Mon Aug 02, 2021 11:45 am

There is nothing that stops her from returning to the UK as long as she has a valid visa, irrelevant of how long she has been absent from the UK. The 180 days limit is a requirement of ILR. That is all. If she stays beyond 180 days she simply cannot get ILR but she can return as normal as long as she has a valid visa.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

helios3
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by helios3 » Mon Aug 02, 2021 11:56 am

Zimba wrote:
Mon Aug 02, 2021 11:45 am
There is nothing that stops her from returning to the UK as long as she has a valid visa. Her absences are irrelevant. The 180 days limit is a requirement of ILR. That is all. If she stays beyond 180 days she simply cannot get ILR but she can return as normal as long as she has a valid visa.
Thanks Zimba, I understand.

So another query is that if she stays beyond 180 days then that ILR rule gets break that at the time of applying ILR, applicant shouldn’t be outside Uk for more than 180 days in qualifying period? Correct?

So if she overstays now then she has to complete 5 years again to be eligible for ILR and the previous time she has spent will be lost? Correct?

Will there be any relaxation due to Covid-19 and the fact that UK has put Pakistan in redlist?

Also is there any 180 days rule for Spouse visa? If we convert her visa to spouse visa as I have a British passport now? I understand that it will reset the 5 years ILR clock.

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CR001
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Re: 180 Days absence from UK Tier-1 Ent Dependent

Post by CR001 » Mon Aug 02, 2021 12:05 pm

So if she overstays now then she has to complete 5 years again to be eligible for ILR and the previous time she has spent will be lost? Correct?
Correct. Important to note that is not having 180 days or more in any 12 month period. It is not only 180 days in one go but any 12 month period with even multiple trips that exceeds 180 days.
Will there be any relaxation due to Covid-19 and the fact that UK has put Pakistan in redlist?
Unlikely.
Also is there any 180 days rule for Spouse visa? If we convert her visa to spouse visa as I have a British passport now? I understand that it will reset the 5 years ILR clock.
No, there is no absence limit for a spouse visa. Yes her ILR clock will reset to zero and a new 5 year route (2 x 2.5 year visas) before she can apply for ILR.
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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