Immigrationboards.com

Hi,
I wanted to clarify if the following is mandatory for all PBS Tier 2 Dependants:

To be granted Indefinite leave to remain as a partner of a PBS migrant, the applicant must

- have been living with the PBS migrant in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership for at least
- 2 years for applicants granted leave as the partner of a PBS migrant under the rules in place before 9 July 2012 and who have since had continuous leave in that category.
- 5 years- for applicants granted leave as the partner of a PBS migrant under rules in place on or after 9 July 2012, who have since had continuous leave in that category and during that period , have met all the requirements of paragraph 319C (a) to (e)

- not have been absent from the UK for more than 180 days in any 12 months period during the 2 to 5 year period.

I had mailed my circumstances in a different thread previously as stated below and the response was that I should go ahead with ILR.

My husband was on a Tier 2 General visa since 2013 and qualified for IlR in April 2018.
I have held a Tier 2 dependent visa which was first issued on 01/08/2013 and valid until 02/04/2016.
I came to the UK on 25/10/2013 and had to return to India on 31/10/2013 as my brother’s wife passed away unexpectedly.

I had to stay on in India and returned to the UK only on 28/06/2014 ( Had been away for more than 180 days).

Since then I have not stayed outside the UK for more than 60 days.

My dependent visa was renewed again on 02/04/2016 and is valid until16/04/2019.

Will there be any consideration for the fact that I was away in India for more than 180 days due to a domestic emergency.

I am not clear whether I can make an application for ILR or should I renew my Tier 2 PBS Dependant visa.

Kindly advise.

While checking for what documents I need to submit with my ILR application I came across the above conditions in the first message on this thread.

I’m quite confused as to whether I’m eligible for ILR or not.

Kindly advise.

Thanks in advance

There is no absence limit for PBS dependents whose have visas issued before 11th January 2018.