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ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 10:59 am
by dineshk
Hi -
I need some advise for my spouse (wife) & child ILR apply.
#Both got their initial visa on 11Aug2015 & entered UK on 28Sep2015 via Tier 2 dependent visa
#Visa got renewed in May'2018 and extended till Dec'2020 via resident permit.
They have stayed outside UK in following years.
2016 (full year) - 3 days
2017 (full year) - 183 days
2018 (full year) - 108 days
2019 (full year) - 79 days
2020 (till now) - 0 days
Note: Their outside of UK period exceeded 180days in 2017.
Main applicant have become UK citizen in 2016 and dependants were not eligible during 2016.
Will they be eligible for ILR 5 year route from 1st Oct'2020 onwards or it has to wait till 2022 and need the existing visa extn. only.
Please help.
thx
Dinesh
Re: ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 11:22 am
by CR001
They have stayed outside UK in following years.
2016 (full year) - 3 days
2017 (full year) - 183 days
2018 (full year) - 108 days
2019 (full year) - 79 days
2020 (till now) - 0 days
Are you basing this on a calendar year, i.e. Jan to Dec? That is not how it works.
2018 (full year) - 108 days
2019 (full year) - 79 days
Specific dates are important when you are asking questions on an internet forum. For the visa issued in May 2018, the absence limit will apply. Your spouse should not have been absent from the UK since her May 2018 visa was issued, for 180 days in ANY 12 month period (not calendar year).
https://www.immigrationboards.com/uk-ti ... l#p1571196
After paragraph 319E(d)(ii)(c), insert:
“(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.”
Changes to indefinite leave to remain in work categories
7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.
Note: Their outside of UK period exceeded 180days in 2017.
This is irrelevant as it is before 11th January 2018.
Main applicant have become UK citizen in 2016 and dependants were not eligible during 2016.
Irrelevant.
Will they be eligible for ILR 5 year route from 1st Oct'2020 onwards or it has to wait till 2022 and need the existing visa extn. only.
They require 5 years, counted from date of initial visa ISSUE date. However, if there was more than 180 days absence in any 12 month period after the May 2018 visa extension, it breaks their continuity of residence.
Re: ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 11:27 am
by dineshk
Exact dates of Absences are:
Absences
From TO Absent Days Year
10/Dec/2016 13/Dec/2016 3 2016
15/Jun/2017 17/Dec/2017 185 2017
25/May/2018 10/Sep/2018 108 2018
2/Jun/2019 20/Aug/2019 79 2019
Re: ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 12:11 pm
by CR001
25/May/2018 10/Sep/2018 108 2018
2/Jun/2019 20/Aug/2019 79 2019
These are the only relevant periods for absence. If it exceeds 180 days in any 12 month period, continuity of residence is broken. You cannot split absences across to qualifying year periods.
Re: ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 12:28 pm
by dineshk
many thanks for explaining. few questions
1) If I apply ilr from oct3rd 2020 onwards, it won't break the continuous 180days new rule ? is this correct under my circumstances?
2) whether any previous ilr rules applies to 185days absence in 2017 ?
Re: ILR - Eligibility Help - Dependents.
Posted: Thu Jul 09, 2020 12:42 pm
by CR001
1) If I apply ilr from oct3rd 2020 onwards, it won't break the continuous 180days new rule ? is this correct under my circumstances?
It depends if she meets the requirement of having no more than 180 days absence in ANY 12 months since May 2018.
2) whether any previous ilr rules applies to 185days absence in 2017 ?
It is IRRELEVANT. Absence for a visa holder with a visa issued BEFORE 11th January 2018 is NOT relevant or counted.
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 1:20 pm
by dineshk
It depends if she meets the requirement of having no more than 180 days absence in ANY 12 months since May 2018.
--->##
She has spent outside UK from:
1) 25/May/2018 to 10/Sep/2018 (108 days) for the yearly calculation period of 9th May'18 (visa date) to 9th May'19.
&
2) 2/Jun/2019 to 20/Aug/2019 (79 days) for the yearly calculation period of 9th May'19 to 9th May'20.
By considering above 2 absences on 2 years under new ILR rule, Will she be eligible to apply for ILR visa in Oct'20.
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 1:23 pm
by CR001
You cannot split the absence across two years.
You need to work out if between May 2018 and August 2019 if there is ANY 12 month period where she has 180 or more absence.
After paragraph 319E(d)(ii)(c), insert:
“(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period,
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 3:08 pm
by zimba
I just recently replied to someone in detail on how the absence calculation works, bizarrely that reply has now completely disappeared and I cannot find it
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 4:23 pm
by dineshk
Zimba wrote: ↑Fri Jul 10, 2020 3:08 pm
I just recently replied to someone in detail on how the absence calculation works, bizarrely that reply has now completely disappeared and I cannot find it
can u pl reply here too
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 4:28 pm
by dineshk
CR001 wrote: ↑Fri Jul 10, 2020 1:23 pm
You cannot split the absence across two years.
You need to work out if between May 2018 and August 2019 if there is ANY 12 month period where she has 180 or more absence.
After paragraph 319E(d)(ii)(c), insert:
“(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period,
ok. Does the continuous 12 month period start from the day of ILR application submission (e.g. 1Oct2020) to 365 days backwards (e.g. 28thSep2019) and any absences be considered on this as a first calendar year and absence calculation continues ?
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 4:33 pm
by CR001
It is ANY 12 month period. Not a calendar year or a residnece year counted backwards from date of application.
If between may 2018 and date of potential ilr application, if there is ANY 12 month period that has more than 180 days absence, she fails to meet the requirements.
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 5:58 pm
by zimba
dineshk wrote: ↑Thu Jul 09, 2020 11:27 am
Exact dates of Absences are:
Absences
From TO Absent Days Year
10/Dec/2016 13/Dec/2016 3 2016
15/Jun/2017 17/Dec/2017 185 2017
25/May/2018 10/Sep/2018 108 2018
2/Jun/2019 20/Aug/2019 79 2019
Here how it works on a rolling basis calculation. Pick
ANY consecutive 12 month period and their absences in that period MUST BE less than 180 days. if you find a period that absences go beyond 180 days, then they fail the requirement.
An example: I chose a 12-month consecutive period between 20 August
2018 to 20 August
2019 and the absences
in that period are less than 180 days.
I believe they do not have any consecutive 12 month period where they exceed the 180 days.
NOTE: Absences before May 2018 are ignored as the rules do not impose a limit for PBS dependants. Only absences for visas issued after 11 Jan 2018 count. They got a visa in May 2018. That is the only visa period that matters.
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 6:23 pm
by dineshk
Zimba wrote: ↑Fri Jul 10, 2020 5:58 pm
dineshk wrote: ↑Thu Jul 09, 2020 11:27 am
Exact dates of Absences are:
Absences
From TO Absent Days Year
10/Dec/2016 13/Dec/2016 3 2016
15/Jun/2017 17/Dec/2017 185 2017
25/May/2018 10/Sep/2018 108 2018
2/Jun/2019 20/Aug/2019 79 2019
Here how it works on a rolling basis calculation. Pick
ANY consecutive 12 month period and their absences in that period MUST BE less than 180 days. if you find a period that absences go beyond 180 days, then they fail the requirement.
An example: I chose a 12-month consecutive period between 20 August
2018 to 20 August
2019 and the absences
in that period are less than 180 days.
I believe they do not have any consecutive 12 month period where they exceed the 180 days.
NOTE: Absences before May 2018 are ignored as the rules do not impose a limit for PBS dependants. Only absences for visas issued after 11 Jan 2018 count. They got a visa in May 2018. That is the only visa period that matters.
thanks. if she can apply on 1st oct20, will she break the 180days ilr new rules ?
whether she is eligible for ilr ?
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 6:27 pm
by zimba
The day she applies is kind of irrelevant. I already explained to you how it works. She will be fine, go and apply
Re: ILR - Eligibility Help - Dependents.
Posted: Fri Jul 10, 2020 8:22 pm
by dineshk
As per UKBA - 180 whole days absence rule:
No more than 180 days’ absences are allowed in a consecutive 12-month period.
In my case continuous qualifying 5 years runs every yr on 28th Sep.
28/Sep/2016
28/Sep/2017
28/Sep/2018
28/Sep/2019
28/Sep/2020
UKBA also states:
For settlement applications made from 11 January 2018, you must consider
absences from the UK on a rolling basis, rather than in separate consecutive 12-
month periods.
If i apply the below absences on a rolling consecutive 12 month periods rule (above), it goes to 187 days absence.
25/May/2018 10/Sep/2018 108
2/Jun/2019 20/Aug/2019 79
Am i calculating correctly & applying the rule correctly or missing it wrongly ?
Re: ILR - Eligibility Help - Dependents.
Posted: Sat Jul 11, 2020 1:47 am
by zimba
I explained to you what it means, it seems you do not read anything here. Show me a
consecutive 12 months period in which you got 187 days. If you start from 25/May/2018, your 12 month period ends on 25/May/2019
Did you see my example above or not !?
Re: ILR - Eligibility Help - Dependents.
Posted: Sat Jul 11, 2020 6:42 am
by dineshk
no. let give with exact dates here...
Her visa got renewed on 9th may2018, So new rule will come into effect from this date..
if I go by this 9th May2018,
1st Yr anniversary on 8th may 2019 - holidays from 25th march to 10sep18 holidays (109 days) fall here..
2nd Yr anniversary ends on 9th May 2020 - holidays from 2jun2019 to 20th Aug (79 days ) fall here...
these are 2 consecutive years isn't it ? ( if I use 8th May 2018 date).
Re: ILR - Eligibility Help - Dependents.
Posted: Sat Jul 11, 2020 6:53 am
by vinny
Make sure she wasn’t absent for more than 180 days in any consecutive twelve month periods between 9 May 2018 and present.
Re: ILR - Eligibility Help - Dependents.
Posted: Sat Jul 11, 2020 10:53 pm
by zimba
dineshk wrote: ↑Sat Jul 11, 2020 6:42 am
no. let give with exact dates here...
Her visa got renewed on 9th may2018, So new rule will come into effect from this date..
if I go by this 9th May2018,
1st Yr anniversary on 8th may 2019 - holidays from 25th march to 10sep18 holidays (109 days) fall here..
2nd Yr anniversary ends on 9th May 2020 - holidays from 2jun2019 to 20th Aug (79 days ) fall here...
these are 2 consecutive years isn't it ? ( if I use 8th May 2018 date).
It is
ANY RANDOM consecutive 12 months period from 9 May 2018 and onwards.
9 May 2018 to 9 May 2019 is one such consecutive 12 months period
10 May 2018 to 10 May 2019 is one such consecutive 12 months period
16 May 2018 to 16 May 2019 is one such consecutive 12 months period
12 April 2019 to 12 April 2020 is one such consecutive 12 months period
and so on, choose your own random dates and make a 12-month consecutive period
ALL RANDOM 12 month period should be checked
after 9 May 2018. In NONE of them the total absences must be over 180 days.
ILR SETM - 6 letters
Posted: Mon Aug 31, 2020 8:07 pm
by dineshk
hi,
can someone help me on the set of 6 documents allowed to show that the partner and I are living in same address for past 2.5 yrs in the setm ilr application?
can the document be repeated e.g. land registry document to be used on two categories?
Re: ILR SETM - 6 letters
Posted: Mon Aug 31, 2020 8:14 pm
by CR001
dineshk wrote: ↑Mon Aug 31, 2020 8:07 pm
hi,
can someone help me on the set of 6 documents allowed to show that the partner and I are living in same address for past 2.5 yrs in the setm ilr application?
can the document be repeated e.g. land registry document to be used on two categories?
Why are you looking at form SET M if your dependents have tier 2 dependent visas?? They need to apply in form SET O. if you apply using SET M it will be refused.
Re: ILR SETM - 6 letters
Posted: Mon Aug 31, 2020 8:50 pm
by dineshk
I checked their visa type on ukba biometric card & ukba letter on last renewal, its shown as 'spouse/partner leave to remain' ( five year partner route).i also checked on the previous 2015 visa, its shown as partner/CP of me.
hope setm is correct form. pl can you confirm.
Re: ILR SETM - 6 letters
Posted: Mon Aug 31, 2020 8:52 pm
by CR001
#Both got their initial visa on 11Aug2015 & entered UK on 28Sep2015 via Tier 2 dependent visa
What was your immigration status when they applied for and got their visas in 2015?
#Visa got renewed in May'2018 and extended till Dec'2020 via resident permit.
So this was an FLR M visa application?
Re: ILR SETM - 6 letters
Posted: Mon Aug 31, 2020 9:07 pm
by dineshk
CR001 wrote: ↑Mon Aug 31, 2020 8:52 pm
#Both got their initial visa on 11Aug2015 & entered UK on 28Sep2015 via Tier 2 dependent visa
What was your immigration status when they applied for and got their visas in 2015?
I was a British citizen when they got their visa on 11aug2015
#Visa got renewed in May'2018 and extended till Dec'2020 via resident permit.
So this was an FLR M visa application?
not sure on exact form name used on 2018. but application submitted checklist contains product name / service as 'family route'.
am I using correct ilr form ?