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Breaking 180 day residence requirement for ILR as a T1G dependent partner?

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ARESSREE9
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Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by ARESSREE9 » Thu Jan 11, 2018 2:12 pm

Hello,

I have been granted ILR after spending continuous 5 year period in UK on Tier 1 General Visa.

I have a question about my spouse ILR. My spouse was granted Tier 1 General dependent Visa and has entered UK on 24th June 2013. She will be qualified to apply for ILR after 5 years of the continuous period on 23 June 2018.But, at present, she is out of the UK and will be out for more than 180 days(236 days) from 03rd Aug 2017 until 26th March 2018.

Will she be breaking the continuous 5 year period requirement for ILR according to the new rules effective from today i.e. 11th Jan 2018?
If yes, in this case, when will she be qualified to apply for ILR without breaking the 5 years continuous period?

Thanks.

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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by CR001 » Thu Jan 11, 2018 2:20 pm

Char (CR001 not Casa)
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ARESSREE9
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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by ARESSREE9 » Thu Jan 11, 2018 3:15 pm

Thanks for reply.Does this mean no 180 absence cap for visas issued before 11th Jan 2018 or we should start counting all absences from 11th Jan 2018 until the ILR application date which should not exceed 180 days?

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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by CR001 » Thu Jan 11, 2018 3:22 pm

Does this mean no 180 absence cap for visas issued before 11th Jan 2018
Correct, that is my understanding.
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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by ARESSREE9 » Sat Jan 13, 2018 7:54 pm

CR001 wrote:
Thu Jan 11, 2018 3:22 pm
Does this mean no 180 absence cap for visas issued before 11th Jan 2018
Correct, that is my understanding.
I have found this document with a new cut-off date for calculating 180 days absence for PBS Dependent ILR application.
https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

"PBS dependants
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 2 October 2017 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."


Please can you confirm my understanding below.

Since my wife's last T1G dependent visa extension was granted in Apr 2017 which falls under the rules in place before 2 October 2017, her absence of more than 180 days (236 days) from 03rd Aug 2017 until 26th March 2018 will not be counted towards the 180 day cap(as per the above guidance) when she is eligible for ILR after 5 years of the continuous period on 23 June 2018.

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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by vinny » Sat Jan 13, 2018 10:00 pm

Not sure why the updated guidance is quoting 27 October 2017, as it's inconsistent with the amended rules.

319E(d)(ii):
(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.
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raaji
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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by raaji » Mon Mar 12, 2018 12:15 pm

HI
I AM ALSO SAME SITUATION ...

BUT I ASKED IMMIGRATION LAWYER THI FORUM AND HOME OFFICE.

EVEYONE MENTIONED IF ENTRY OR EXTENSION VISA GIVEN BEFORE 11/01/2018 THEN 180 DAY RULE NOT APPLY IF WE TAKE MORE THAN 180 DAY ABSENCES AFTER 11/01/2018.

STILL CONFUSED BUT MOST REPLY SAID NO PROBLEM

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Re: Breaking 180 day residence requirement for ILR as a T1G dependent partner?

Post by raaji » Mon Mar 19, 2018 10:45 am

any reply

excess absence( of current dependents after 11th January who straightaway qualify for ILR.

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