Regarding ILR Leave for absence calculation for Tier 2 PBS Dependent

[manihatn]

Hello all,

Below is my case.

My husband received his ILR on March 2018, previously he was on Tier 2 (5 year General Route) visa. I joined him on November 2017 on Tier 2 PBS dependent visa (Valid untill August 2019 initially).

I left to India on August 2018 for pregnancy and Returned on July 2019. Renewed my
Tier 2 PBS dependent visa which is now valid until September 2022.

I expect to apply for ILR on September 2022.

Now my question is

1. The one year leave that I took from August 2018 to July 2019, will it affect
my ILR. Calculating the ILR rule for dependants only came into effect on 11 Jan 2019.
(uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196)
So am I safe to assume that the period of leave that I took from August 2018 to July 2019,
would not be a problem while applying for ILR, as my Tier 2 PBS Dependent visa was issued
on Jul 2017 (prior to Jan 2019, when the rule came into effect.)

2. When we count for absences, based on the current rules, I am eligible to stay 180 days
outside UK for each consequetive 1 year period shown below. Am I right ?

September 2021 to September 2022 - (180 days outside UK)
September 2020 to September 2021 - (180 days outside UK)
September 2019 to September 2020 - (180 days outside UK)
September 2018 to September 2019 - (180 days outside UK)
September 2017 to September 2018 - (180 days outside UK)

I want to be sure about the above, as I am planing a holiday outside UK from July 2020
to October 2020.

Thanks for your time and help.

regards,
Anu

[CR001]

1. No absence limit as the visa you held at that time was issued BEFORE 11 January 2018.

2. It doesn't work like that for dependents. Only absences during the time for visas ISSUED on or after 11 January 2018 count.

[manihatn]

Hi CROO1,

Thanks for your quick reply.

2. It doesn't work like that for dependents. Only absences during the time for visas ISSUED on or after 11 January 2018 count.

Can you please explain the above statement. As I have a Tier 2 PBS dependent (extension) visa granted on September 2019, should I only worry about the following period.

September 2021 to September 2022 - (180 days outside UK)
September 2020 to September 2021 - (180 days outside UK)
September 2019 to September 2020 - (180 days outside UK)


The following period are not covered as it comes under my previous Tier 2 PBS visa granted on
August 2017 - August 2019 (ie, prior to 11, Jan 2018 when the rule came into effect.)
September 2018 to September 2019 - (180 days outside UK)
September 2017 to September 2018 - (180 days outside UK)

Thanks again for clarifying.

regards,
Anu

[manihatn]

Hello again,

The only doubt I have is what happens for the period Jan 2018 to August 2018, when I was abroad.
Will that be exempt during my ILR absence calculation for the period, since my visa was granted on August 2017 (prior to the Jan 2018, when the rule came into effect) ? or does it mean that this will be a potential issue for me when I apply for ILR as I have stayed more than the permitted 180 days outside UK.

Thanks again for your help.

regards
Anu