ILR settlement query regarding 180 days absence rule

[Deepgr]

Hi,

I have a few queries regarding my wife's settlement in the UK.
My wife first came to UK in July 2015 on PBS dependent visa(spouse visa while I was on Tier 2 work permit, I later took ILR in 2016 and then got British citizenship in 2017). Her visa was reissued on 20-04-2018 and is valid till 20-04-2021. She is currently in India since 7-01-2019(still there) as she delivered our second baby on 19-03-2019. I need some clarification whether her long absence from UK will affect her ILR settlement.

Can someone please clarify how the 180 days absence is calculated? Is the 12 month period from start of visa or January to December? Will her 180 days start from January or from march(if we count the 12 month period backwards)

Can you please advise us if we are on the right track?

I would be really grateful if someone could please advise us regarding the same.

Thanks
Deepak

[marcnath]

Hi,

I have a few queries regarding my wife's settlement in the UK.
My wife first came to UK in July 2015 on PBS dependent visa(spouse visa while I was on Tier 2 work permit, I later took ILR in 2016 and then got British citizenship in 2017). Her visa was reissued on 20-04-2018 and is valid till 20-04-2021. She is currently in India since 7-01-2019(still there) as she delivered our second baby on 19-03-2019. I need some clarification whether her long absence from UK will affect her ILR settlement.

Can someone please clarify how the 180 days absence is calculated? Is the 12 month period from start of visa or January to December? Will her 180 days start from January or from march(if we count the 12 month period backwards)

Can you please advise us if we are on the right track?

I would be really grateful if someone could please advise us regarding the same.

Thanks
Deepak

Assuming she is still on the PBS dependant visa, it is a rolling 12 month period. It is no longer the start of the visa or the application date. It is 180 days absence in any 365 day period