Immigrationboards.com

Hello,
Had been following this forum for a couple of years now and it has helped me during our applications. Still there are some things I need clarification with. If it has been asked before, I deeply apologised and I kindly ask if you could direct me to the info. The new rule/change in the rule regarding absences when applying for ILR is still confusing me.
I came to the UK April 2014. I have had ILR since JUNE 2019 via Tier 2 PBS 5 year route.
I have a dependant, my husband, who came on October 2016. His visa was renewed (?extended) on March 2017 and then i applied for ILR and his visa got renewed last March 2020.

He has absences more than 180 days. He went home from 14 April to 18 December 2018.

Questions:
1. Will he be eligible to apply for ILR?
2. If not, what course of action should we follow?
Any reply and info will be very helpful.

Many thanks and kind regards,
Sara

There is no absence limit when a PBS dependant visa was issued before 11 Jan 2018. So he is fine as the only visa issued under the new rules was from March 2020. Only absences from March 2020 will be counted

Thank you very much for your kind reply!

Hello!
This forums had greatly helped us in the past and I hope will continue to do so. Thank you for enlightening us about UK's immigration rules and guiding us.
I will apologise in advance if these questions had been asked before. If you could kindly direct me to the info, it would be greatly appreciated.

I am applying for my husband's ILR. I had my naturalisation since last year April via Tier 2 5 yr route.

These are some questions in the application I'm not sure about:

1. Time spent outside the UK: in the last 10 years,
Have you spent more than 150 days outside the UK in a 12 month period? (He had gone back to our home country 2x: Jan-March 2017, and a long period more than 180 days from April to December 2018.) will these affect his application?

2. For the English language test, he had taken IELTS B1 Life Skills set, which one is the reference number? Is it the one that starts with UKVI....? Or his applicant number?

3. When my husband was away from UK to our home country he was unemployed. He actually resigned from his job here in the UK and then reapplied for same job when he came back. Do we need proof of employment during those periods of absence? Or should we just write a letter explaining why he had to come home?
Ps: he had only travel once outside Uk for holiday in 2017, to Czech-Austria for 5 days and he was employed that time.

4. We are planning to provide documents as follows: employment letter, payslips, P60, bills on our names as proof of living together, marriage certificate. IELTS B1, Life in the UK result. Letter explaining absences from UK. Will these suffice?

Thank you very much! More power to the team!

1. Subject to Zimba’s answer.

Relevant rules:

Qualifying period requirement for settlement as a dependent partner of a Skilled Worker

SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

Continuous residence requirement for settlement as a dependent partner of a Skilled Worker

SW 43.1. The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the period in SW 42.1.

Continuous residence for dependants

CR 3.1. Where the applicant’s partner or parent, on whom they are dependant, was absent for a reason in CR 2.3. that period of absence will not count towards the 180- day limit when calculating the dependent’s continuous residence period.

CR 3.2. Where a dependent partner was absent during a period of permission granted before 11 January 2018, that period of absence will not be counted towards the 180- day limit when calculating the dependent applicant’s continuous residence period if the person on whom they were dependant (the main applicant) was on one of the following routes:

• (a) Tier 1; or
• (b) Tier 2; or
• (c) Tier 5 (Temporary Worker); or
• (d) Global Talent; or
• (e) Start Up; or
• (f) Innovator.

2. Probably starts with UKVI?

3. Although SW 36.3. permits him to work, there is actually no requirement for dependants to work.