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Hi All,

My wife entered UK on 16th March 2012 on a PSW dependant visa, I switched to Tier 2 General on 31-10-2012 and my wife to PBS Dependent on the same day. We will be finishing soon our 5 years continuos residence to be eligible for ILR.

My wife stayed in India from 27th Feb 2013 to 06th October 2013 (nearly 8 months) for maternity reasons (we decided to organise baby birth in India due to lack of family support here in the UK).

I'm confused whether my wife will be eligible to apply for ILR or not, because of this 8 months absence from the UK.

Here is the outline of the dates mentioned above:
Person entered UK on PSW Dependent visa : 16-02-2012
Switched to Tier 2 General Dependent (PBS) visa: 31-10-2012

Left to India for baby birth : 27-02-2013
Returned to UK: 06-10-2013
5 years continuos residence completes by: 30-10-2017

Please can any one clarify if continuos residence applicable for dependents?

If applicable and not eligible to apply for ILR, when she will be eligible to apply for ILR?
If applicable and eligible to apply for ILR, what type of supporting documents required to prove the absence of 8 months is for maternity reasons?

Thanks a lot in advance.

Venkat.

There is no absence limit for PBS Dependents.

Thank you very much CR001.

CR001 wrote:There is no absence limit for PBS Dependents.

Thank you.

From the below link, it is mentioned continuous leave may be broken after more than six months per 12 consecutive months cycle outside the UK.

uk-tier-1-general-visas/ilr-through-tie ... l#p1433704

Please can you confirm.

Thanks.

If you read properly Vinny also mentioned that such provision was deleted from the rules again

My apologies. I didn't read it properly.

Thank you.