ILR Continuous Period Tier-2 PBS Dependent

[mchalla]

Dear All,

Could I please make general enquire about my dependent continuous period for ILR?

She is currently in India and unable to travel back due to COVID-19 impact on Stupid between the countries. She is traveled to India end of January 2020 and supposed to return back early May 2020 but she couldn’t make it because of no flights. By mid July 2020 she is exceeding 180 day continuous rule, she is eligible to apply for ILR by mid December 2020. Looking at the current situations on travelling we are not sure when she will be In UK.

Could you please assist on this matter? Any information will help us plan accordingly.

Regards,
MChalla

[CR001]

What date was her current PBS Dependent visa issued??

The 180 days absence limit only applies to those who have visas issued on or after 11th January 2018.

[mchalla]

Many thanks CR01 for the Prompt response.

Original PBS dependent visa issued on 16/01/2016
then extended on 11/05/2017 to 12/12/2019
then extended on 18/10/2019 to 18/10/2022.

Regards,
Mchalla

[CR001]

Her absence will be a problem then. There has been no relaxation or changes to the 180 days absence rule for PBS route applications, main visa holders or dependents.

[mchalla]

Do they not consider COVID-19 pandemic restrictions? as there are no passenger flights from India to UK. we have all the evidence that flight booking dates and cancellations.

[CR001]

She left the UK before the lockdown and before it was declared a pandemic. She could have returned before India closed their borders. She could also have tried to get a UK repatriation flight back as a UK resident.

[mchalla]

Agree, but her return ticket was already booked and India closed their borders same time as UK which is unpredictable. Also we have tried to get re-partition flight back to UK but my son was ill around that time. moreover there was only limited seats available.

[CR001]

Agree, but her return ticket was already booked and India closed their borders same time as UK which is unpredictable. Also we have tried to get re-partition flight back to UK but my son was ill around that time. moreover there was only limited seats available.

UK borders have never been closed. You could have changed her flight. People were given sufficient notice of border closures abroad.

[mchalla]

Travelling with 1 year old baby is not an idle solution specially these unprecedented conditions and there weren't any clear precautions made before the lock down. main point here is safety, as all the governments suggested not to travel unless essential. if there were any clear guidance before the lock-down on travelling they could made it. So from your expertise she need be here before Mid July when her 180 day finishing at any cost?

[CR001]

So from your expertise she need be here before Mid July when her 180 day finishing at any cost?

Yes, she would need to return to the UK within 180 days after she left.

[mchalla]

Thank you. much appreciated!