ILR continuous absence

[avaixhah]

Hi,

I am posting on behalf of my friend. Please advise on below:

"Guidance rules: https://www.gov.uk/guidance/immigration ... #pt8family

319E. Requirements for indefinite leave to remain
(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that: (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

My wife Tier2 dependant visa granted on 12/03/2017

My wife is planning to stay outside UK from 2021 for about 6 months. Does this above rule apply in her circumstance as she got tier 2 dependant approved in 2017. Or the above rule was only applicable for absents from UK prior to 11 January 2018?"

thanks
SA

[CULLINAN]

PBS dependents have no absence limits on any leave that was granted before 11th Jan 2018. Absences limits come in effect for any leave that was granted after 11th Jan 2018.

[avaixhah]

Thanks for your response.

My friend wife Tier 2 General visa is going to expire in Feb 2021 and is due for extension soon. Now question is if she applies for Tier 2 General extension in 2021, would this 180 days absence rule applies to her (as she will be applying post January 2018)? Does it mean that she cannot be outside of country for more than 180 days on new Tier 2 visa to be eligible for ILR?

please advise.

thanks

[zimba]

Correct. Any new visa issued after 11 Jan 2018 has the absence limit