Absenses for PBS dependent for ILR (Indefinite Leave to Remain)

[Light2021]

Absences for PBS dependent for ILR(Indefinite Leave to remain)

I have a question regarding my wife's Absences and its impact on ILR. I have read many posts on how to apply the 180 days rules and more I read more I get confused, hence want to check with experts here before applying:

My wife first entered UK on 15th July 2015 as PBS dependent visa, she had continuous stay till 30/06/2018 and then went back to India for delivering baby. During her leave I had to extend the visa which was stamped on 30/01/2019. She came back to UK on 04/03/2019. Below is detailed breakdown of her leaves:

1) PBS dependent Visa( Applied from India) dates: Stamped on 30th June valid till 30/11/2015
- Date Of first Entry to UK: 14th July 2015
- Total days outside country
- In 2015: None
2) PBS dependent Visa (Extended from UK): Stamped on 21st Dec 2015 valid till 5th Dec 2018
- Total days outside country
- In 2015: None
- In 2016: 24 days
- In 2017: 20 days
- in 2018: 251 days ( From 26th June 2018 to 4th March 2019 )- For delivering baby abroad(India) , she was working and had been on Maternity leave.

3) PBS dependent Visa (Extended from India UK and applied before expiry of previous Visa): Stamped on 31 Jan 2019 valid till 22 FEB 2022
- Total days outside country
- In 2019: (none apart from above Maternity break)
- In 2020: 25 days
- in 2021: None

Also I was on Tier 2 ICT and got my ILR on 6th April 2016 and British citizenship via Naturalization on 8th Dec 2016. My daughter was born on 20th Sept 2018 and got her British passport through (Citizen by descent).

Questions:
1) Is my wife eligible for ILR?
2) If so, can I apply right now or do I need to wait till Sept 2021 so to split the Maternity break into 2 different year calculations?
3) Do I need to submit any specific documentation on maternity break?

[vinny]

Did you get ILR under Tier 2 (Intra-Company Transfer)?

I’m unsure on how she had succeeded in getting an entry clearance as a PBS partner after you were British?

Even worst, they now appear to have no settlement path for the PBS partner of a former Tier 2 (Intra-Company Transfer) ILR holder?

[Light2021]

Thanks for your reply @Vinny

I first came to UK in 2007 on work permit and was on and off to UK working upto 6-8 months very year till 2010. Since Dec 2010 I had continuous residency since then and was granted ILR in April 2016.

I was married in June 2015 and my wife came to UK on 15th July 2015 on PBS dependent visa, which was first extended in dec 2015 till dec 2018 and then got it extended till Jan 2022.

For the last extension,I was advised by a lawyer to extend my wife's visa as PBS dependent to maintain visa continuity.

For visa granted before Jan 2018 i.e. her 2nd extension granted on "21st Dec 2015 valid till 5th Dec 2018", do I need to count any absences for ILR application?

[vinny]

3) PBS dependent Visa (Extended from India UK and applied before expiry of previous Visa): Stamped on 31 Jan 2019 valid till 22 FEB 2022

How did she "extend" from India UK with the online application? Did she say that she was in India or the UK? Did the online application direct her to apply for an entry clearance?

Dependent family members in work routes (immigration staff guidance)

You must not include any absence from the UK during periods of permission granted under the Immigration Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependent partner’s qualifying period includes initial permission granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.

After the restructuring of PBS dependants, I think they may have forgotten about the PBS partner of a former Tier 2 (ICT) ILR/British Mirgrant. I’m unsure under what Immigration rules to ILR she may now qualify for? However, if the online application allows her to make an ILR application, then I think she may have a legitimate expectation of succeeding.

[Light2021]

I had applied for visa extension online (before expiry of the visa) and she had attended visa interview at India. Post that she received letter confirming the visa is approved and had a "Entry Clearance" visa stamped on her Passport which was valid for 30 days (valid from 13/02/2019 till 15/03/2019). She collected the BRP from UK post her return in March 2019.

I notice that there is a gap in her Visa which expired on 05/12/2018 and the Entry clearance visa was given from 13/02/2019 till 15/03/2019 and the extended visa(BRP) was from 31 Jan 2019 valid till 22 FEB 2022. Does this impact ILR application?

[vinny]

If CR 4.1.(d)

(ii) the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or

applies, then she should be okay.

[vinny]

Success.