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But where did you see that a Tier 1 (General) dependant cannot apply for ILR as a PBS dependant after April 2018?8.21. wrote:In paragraph 319E(d)(ii) insert after (c):
“In this sub-paragraph “continuous” means an unbroken period and for this purpose a period shall not be considered to have been broken in any of the circumstances set out in paragraph 245AAA(a)(i) to (iii).”.
Explanatory memorandum to the statement of changes in Immigration Rules: HC1078, 16 March 2017 wrote:Changes relating to family members of relevant Points-Based System migrants
7.27. The Rules are amended to delete the definition of ‘continuous’ inserted by HC667 of 3 November 2016, for the purposes of the residence requirements applied to family members of relevant Points-Based System migrants applying for settlement.
Are you sure they continuous leave is broken for the PBS dependant here?
It was implemented for PBS Dependents and then withdrawn in April this year. Read the whole thread where vinny confirmed this.softsword wrote: ↑Tue Aug 29, 2017 2:55 pmAre you sure they continuous leave is broken for the PBS dependant here?
I read here that the 6 month rule does not apply for dependants. Is that not true?
New statement of changes to the Immigration Rules: HC309 wrote:Extending the 180-day absence criterion for main ILR applicants under the points-based system to partners of the main applicants as well.
8.33 wrote: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.”.
Implementation wrote:The changes to Part 5 set out in paragraphs 5.13 to 5.15 and 5.18 to 5.19, to Part 7 set out in paragraphs 7.3 to 7.5 and 7.7, to Part 8 set out in paragraphs 8.20 and 8.36, and to Appendix Armed Forces set out in paragraph AF2. of this statement shall take effect on the commencement of Schedule 10 to the Immigration Act 2016.
New statement of changes to the Immigration Rules: HC309 wrote:Different elements of the changes take effect at different times, but most come into force between 28 December 2017 and 11 January 2018. The exception is the changes related to immigration bail, which take effect only upon the commencement of Schedule 10 of the Immigration Act 2016. That is to be “as soon as practicable“.
Explanatory memorandum HC309, 7 December 2017 wrote: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 means that PBS dependants may now also take advantage of the following:vinny wrote: ↑Sun Jan 14, 2018 1:22 am****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!vinny wrote: ↑Sun Jan 07, 2018 11:35 pmNote the absence (pun intended) of family members in Categories covered by this guidance.
Indefinite leave to remain: calculating continuous period in UK wrote:Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.
So, it may be safer to consider the start date of the qualifying period for ILR to be the date of entry.319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):....