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UK Tier 2 Dependent VISA to ILR - 180 days absence

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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sameer06it
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UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by sameer06it » Tue Sep 03, 2019 1:32 pm

Hello All,
I'm on a Tier2 General VISA and my wife is on Tier 2 dependent VISA, my entry was in may-2016 and my wife joined me from feb-2017, extended visa recently in May 2019, valid till May-2022.

My wife would be travelling to India for about 6+months(for medical reasons) starting from Oct 2019 till April/may 2020. and would like to know if this would affect the 180 days absence of continuous 12-month period for applying ILR in future. As the start date for here in UK is Feb-2017, I would presume the cycle would be from Feb-to-Feb.

Please correct me if I'm wrong and also if that I should be aware of for ILR and 180 absence period for my wife.

Thanks in Advance
Sameer

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CR001
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Re: UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by CR001 » Tue Sep 03, 2019 1:38 pm

and would like to know if this would affect the 180 days absence of continuous 12-month period for applying ILR in future.
Yes, it will break her continuity of residence and reset her clock for ILR to zero and a new 5 year period.
As the start date for here in UK is Feb-2017, I would presume the cycle would be from Feb-to-Feb.
The absence limit is relevant ONLY to visas and extensions issued on or after 11th January 2018. The time before this doesn't have absence limits. Her current visa is obviously after this date and she is subject to the 180 days limit in ANY 12 month period.

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sameer06it
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Re: UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by sameer06it » Tue Sep 03, 2019 3:20 pm

Thank you for the response, I would like to understand one more thing, I.e. definition of 12-month period. When it says continuous 180 days in 12-month period, when does the 1 first day of 12 month would start. Is that from the date of the new visa issued?

Thank you,
Sameer

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Re: UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by CR001 » Tue Sep 03, 2019 3:22 pm

It is ANY 12 month period. So if she is away for more than 180 days continuously at ANY time, her residence is broken.

You can't split her absence into two 12 month periods.
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shahulhamid1999
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Re: UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by shahulhamid1999 » Sun Sep 29, 2019 10:15 pm

I have a similar case, My dependants were issued visa in Aug 2017 and they have lived with me till Dec 2018. They went back to India and have been living there since then. They intend to travel back in Jun 2020 so that they can continue to live with me here. We will also have our visa extended for 2 more years in Aug 2020.
As my dependants will be away from UK from Dec 2018 till June 2020 which will be 18 months on a visa issued before Jan 2018 their leave won't be counted but their leaves restriction will apply on the extention which will be issued on June 2020. Please confirm this ?

They will be able to apply for ILR along with me on Aug 2022 if we ensure they comply to 180 days leave restriction for the visa which will be extended in Jun 2020 ?

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Re: UK Tier 2 Dependent VISA to ILR - 180 days absence

Post by zimba » Sun Sep 29, 2019 11:42 pm

shahulhamid1999 wrote:
Sun Sep 29, 2019 10:15 pm
I have a similar case, My dependants were issued visa in Aug 2017 and they have lived with me till Dec 2018. They went back to India and have been living there since then. They intend to travel back in Jun 2020 so that they can continue to live with me here. We will also have our visa extended for 2 more years in Aug 2020.
As my dependants will be away from UK from Dec 2018 till June 2020 which will be 18 months on a visa issued before Jan 2018 their leave won't be counted but their leaves restriction will apply on the extention which will be issued on June 2020. Please confirm this ?

They will be able to apply for ILR along with me on Aug 2022 if we ensure they comply to 180 days leave restriction for the visa which will be extended in Jun 2020 ?
STICK to your own topic :!:

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