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ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 11:09 am
by Yartygulak
Dear Board,
I would be massively grateful if someone could shed some light into our situation.
I obtained my ILR in January 2017 as a PBS (Tier-2) general migrant. My husband is still on PBS Dependent visa, which he first applied and received in December 2014 and then renewed in September 2017. He does not permanently live In UK. He works overseas but visits UK at least once every 2 months for 2-3 weeks. In December 2019 it will be 5 years since my husband will have had his PBS Dependent status and someone told us that in December 2019 he would qualify for ILR. Is that true? We have always believed that he will need to live in the UK continuously for 5 years (with not more than 90 days being outside of UK in each of the 5 years) before he becomes eligible for ILR. However, the advice we received contradicts our belief.
Could somebody please shed some light into our situation and if not difficult, please share some links to the reference guide documents from Home Office?
Many thanks in advance!
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 11:12 am
by CR001
Immigration rules below. For ILR, you are required to submit evidence of cohabitation etc for at least 2 years.
https://www.gov.uk/guidance/immigration ... ly-members
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant or Appendix W Worker who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker.
(d) The applicant and the Relevant Points Based System Migrant or Appendix W Worker 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):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant or Appendix W Worker, the specified period is 2 years
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant or Appendix W Worker for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant or Appendix W Worker, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules, and
(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.
(iii) Any time spent lawfully in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man shall be deemed to be time spent in the UK.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant or Appendix W Worker must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
(h) DELETED
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 11:34 am
by Yartygulak
Dear CR001,
Thank you very much for a quick response.
I had a good read-through the 319E. I am still a bit unclear about this section:
If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) ....
(b) ....
(c) ....
(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that: etc. etc. etc.
Does this mean not spend more than 180 days in total per year outside of UK; OR does this mean each of his trips away from UK should not be more than 180 days?
I really need to clarify this point because none of his trips away from UK has been for more than 180 days (at most 90 days), but if we add all the days he was away from UK in a given year that might be 180 or more.
Could you please kindly provide that additional clarification?
Many thanks in advance.
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 11:41 am
by CR001
Absence limits only apply to those who have PBS Dependent visa issues on or after 11th January 2018 and it is any absence totally 180 days per 12 month cycle.
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 12:08 pm
by Yartygulak
Dear CR001,
As my husband's PBS Dependent visa was granted in December 2014, does this mean that the absence of 180 days per 12 month cycle does not apply? If it doesn't apply, that means we are good to go to apply for ILR in November 2019 given that we meet all the other requirements, such as co-habitation, etc.?
Many thanks in advance.
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 12:16 pm
by CR001
Correct yes. However, HO will have full access to his travel record and will likely see that he doesn't actually live in the UK.
What evidence of cohabitation and subsisting relationship do you have??
Re: ILR for PBS (Tier-2) Dependents (Spouse and Child)
Posted: Mon May 20, 2019 12:21 pm
by Yartygulak
Most of our bills are in both of our names, such as gas, electricity, water. He is also registered with GP and has a history of GP visits/ appointment letters, etc. Would all that suffice?
In your professional opinion, if we show that from now (May 2019) until December 2019 my husband mostly spends time in the UK by limiting his overseas travels, would that be a convincing case?