Computation of Leave of Absence 180 days rule

[Bobbyg]

Hi

We are a family of three. I will apply for ILR together with my wife (PBS dependant) in the same application. My adult daughter will need to apply separately as a PBS Dependant and i am preparing her application. My questions are as follows:

1] In the application form the following two questions under 'Consent' have been answered as 'NO'

(a) Is the account with a bank or utility company for which you have supplied information and
supporting documentation held jointly by you and other people?
(b) Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

The reason the response is 'NO' is there is no prior question in the application asking for Bank account or utility company details. In reality, as her father, i will be financially supporting her for the next few years at least.

2] Documentation: The documentation requirement mentioned in the form is only the following:

- Passport + Previous passports
- Current BRP - Declaration signed by [Father] to confirm consent for Home Office to request verification checks
- Evidence of immigration
- Declaration signed by Mr Ajay Gandhi to confirm consent for the Home Office to request verification checks

Questions:
a) Is the above list complete and should i stick to this list only? For example, there is no mention of any other requirement (e.g. on cohabitation which was the requirement in the separate application which includes me as the main applicant and my wife as PBS dependant)
b) In the consent form which has 3 parts, who needs to sign in which section
c) It is separately mentioned in the 'Consent' section of the the Applicant must provide a signed declaration to confirm consent for the Home Office to request verification checks).

Grateful for your responses

Kind regards

[zimba]

a) You must provide cohabitation for the last two years
b) Applicant signs part one and the spouse part two as they may share evidence
c) That is part one of the consent form

[Bobbyg]

a) You must provide cohabitation for the last two years
b) Applicant signs part one and the spouse part two as they may share evidence
c) That is part one of the consent form

Dear Zimba

Apologies - I should have clarified that all my questions pertain to the separation ILR application to be made by my PBS Dependant 18 year old child. I think your responses pertain to my application (+PBS dependant spouse) together. Grateful for your response.

Kind regards

[zimba]

Above 18 dependants should prove they are not living an independent life

[Bobbyg]

Above 18 dependants should prove they are not living an independent life

Dear Zimba

While i agree with your point that my daugther must demonstrate independent living, I am looking for specific answers to the below. I am really sorry but probably i have not drafted my questions properly so pls allow me to repeat them in a simplified way (apologies for asking again)

I (main Tier 2 visa holder) and my wife (PBS dependant) are apply for ILR in one application. My daughter (18 years, also PBS dependant) has to apply in a separate application. My questions are regarding my daughter's application:

1) Documentation: fairly limited documents are asked (Passport, BRP, Evidence of Immigration and Declaration signed by [Father]. Is this list complete?


2) How should i answer the following questions on Consent in the SET(O) application (I have intend to answer as 'NO' to the following questions):
(a) Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?
(b) Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

3) Consent Form: Who should sign in which part on the Consent form? (note: she has no independent earning of her own and i am yet to open her bank account)

I hope i am clearer this time.
Regards

[zimba]

1) Yes but also the evidence that she is living at home and relies on parents
2) It is a separate application, the answer will be NO
3) Only part one by her

[Bobbyg]

1) Yes but also the evidence that she is living at home and relies on parents
2) It is a separate application, the answer will be NO
3) Only part one by her

Dear Zimba

thanks a lot, couple of follow up questions:

1) Evidence: I can evidence that she lives with me through NHS registration document, no problem. How do I prove that she relies on parents?

2) Ok, understood

3) In the draft SET(O), it asks for a Declaration signed by (Father's name) to confirm consent for the Home Office to request verification checks. So if only she signs Part 1, how would this specific requirement be met?

Thanks for your responses in advance!
Regards

[zimba]

‘Must not be leading an independent life’ or ‘is not leading an independent life’ means that the applicant does not have a partner, is living with their parents (except where they are at boarding school, college or university as part of their full-time education), is not employed fulltime (unless aged 18 years or over), is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over), and is wholly or mainly
dependent upon their parents for emotional support.

There is no specific evidence but any evidence that shows she lives with you should be ok

If she is applying on her own under SET(O), no consent from parents is required

[Bobbyg]

‘Must not be leading an independent life’ or ‘is not leading an independent life’ means that the applicant does not have a partner, is living with their parents (except where they are at boarding school, college or university as part of their full-time education), is not employed fulltime (unless aged 18 years or over), is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over), and is wholly or mainly
dependent upon their parents for emotional support.

There is no specific evidence but any evidence that shows she lives with you should be ok

If she is applying on her own under SET(O), no consent from parents is required

Thanks a lot!

[vinny]

Above 18 dependants should prove they are not living an independent life

Dear Zimba

While i agree with your point that my daugther must demonstrate independent living,

Note the “not” living an independent life.

[Bobbyg]

Dear Sir

My 5 year qualifying period is reached on 24/6/2021 and that of my wife (PBS dependant) on 1/7/2021. Hence, taking the later of the two dates, I am applying for ILR 28 days before 1/7/2021 i.e. 3/6/2021 (which includes my wife)

I have two leaves in the qualifying period:
- Leave 1: 24/6/2016 to 14/7/2019 (I entered the UK on 10/7/2016)
- Leave 2: 14/7/2019 to 23/6/2022

Since I am applying on 3/6/2021, I believe the absence will be computed in blocks of 12 months ending on 3/6/2019 (i.e. to cover for the period for which leave was issued before 11/1/2018 when the rules changed) and then on a rolling basis from 3/6/2019

So I am calculating for leave for the following periods:

- 4/6/2016 to 3/6/2017
- 4/6/2017 to 3/6/2018
- 4/6/2018 to 3/6/2019
- On rolling 12 months basis from 4/6/2019

My questions are:

1) Are the above the correct 'blocks' of 12 month period or should i be looking at

1/7/2016 to 30/6/2017 (i.e. removing the 28 day 'countback')
1/7/2017 to 30/6/2018
1/7/2018 to 30/6/2019

2) I have one absence which 'cuts' across two blocks - do i need to include that absence in one of the blocks or should I split them into two?

A speedy response will be greatly appreciated.

Kind regards

[zimba]

First of all, you both should use the visa issue date to calculate the ILR qualifying period.

Now let's say you apply on 3/6/2021.
The rolling basis applies ONLY to the period after 14/7/2019 to 3/6/2021, so there is no 12 month block.
Then you need to count backwards from 3/6/2019 in 12 month blocks.
To cover the gap between 3/6/2019 and 14/7/2019, you just presume that there was another 12 month period between 3/6/2019 and 3/6/2020, but you simply IGNORE any absence from 14/7/2019 and onwards.

[Bobbyg]

First of all, you both should use the visa issue date to calculate the ILR qualifying period.

Now let's say you apply on 3/6/2021.
The rolling basis applies ONLY to the period after 14/7/2019 to 3/6/2021, so there is no 12 month block.
Then you need to count backwards from 3/6/2019 in 12 month blocks.
To cover the gap between 3/6/2019 and 14/7/2019, you just presume that there was another 12 month period between 3/6/2019 and 3/6/2020, but you simply IGNORE any absence from 14/7/2019 and onwards.

1) Please clarify what you mean by "visa issue date"? My first leave letter is "dated" 8/6/2016 (and BRP valid from 9/6/2016) but the visa validity (as mentioned in the leave letter) starts from 24/6/2019. Hence I have assumed that my 5 year qualifying period starts from 24/6/2019. Further since my wife's leave validity starts from 1/7/2019, and we prefer to make a joint application, I have assumed the later of our two dates to "countback" the 28 day period to arrive at 3/6/2021 as the earliest we can apply for ILR through a joint application. Am I missing anything?

2) My first block of 12 months ending 3/6/2017 looks a little "awkward" since this would mean the period 4/6/2016 to 3/6/2017, but since my leave itself starts from 24/6/2016 as explained aforesaid. Since I intent to apply for ILR on 3/6/2021 (i.e. 28 days before 1/7/2021, being the later of my wife and mine 5 year qualifying period end) I was planning to report the period between 1/7/2016 and 10/7/2016 (date of entry into the UK) towards absence, and simply ignore any period prior to 1/7/2016 towards absence. Is this treatment correct?

3) Where do i report the absences during the period 3/6/2019 to 14/7/2019?

Many thanks for your help
Kind regards

[zimba]

1) Visa issue date = visa validity
2) It does not matter that you are missing days in the beginning. You should view any date before the visa issue date as part of the 12 months but do not count that towards the absences. This used to be explained in the old guides
3) Simply on the form. There is no specific format

[Bobbyg]

1) Visa issue date = visa validity
2) It does not matter that you are missing days in the beginning. You should view any date before the visa issue date as part of the 12 months but do not count that towards the absences. This used to be explained in the old guides
3) Simply on the form. There is no specific format

Thanks Zimba

Follow up question on Point 2: In the above situation, which of the following should i report in the list of absences:
- the period between 24/6/2019 (visa validity date) and 10/7/2019 (date of arrival)
- the period between 1/7/2019 (the date from which i count the 28 day "lookback") and 10/7/2019?

Other points are v clear. Many thanks.

Thanks
Kind regards

[Bobbyg]

Dear Zimba/Moderators

I shall be grateful if you could provide the clarification requested.

Many thanks for your support and help

Kind regards

[zimba]

You do NOT separate one absence period into two separate periods on the form. You enter the details of each absence period using your exit and entry dates. The absences limit calculations is simply a guideline in the rules to ensure that the applicant does not break the limits. This has nothing to do with how you enter the absence periods on the form.

The period between the visa issue date and the first entry is entered on the form as one period. All other periods are entered similarly, each period being between the exit date from the UK to the next re-entry date.

[Bobbyg]

You do NOT separate one absence period into two separate periods on the form. You enter the details of each absence period using your exit and entry dates. The absences limit calculations is simply a guideline in the rules to ensure that the applicant does not break the limits. This has nothing to do with how you enter the absence periods on the form.

The period between the visa issue date and the first entry is entered on the form as one period. All other periods are entered similarly, each period being between the exit date from the UK to the next re-entry date.

Thanks Zimba

you are right that the entries into the online SET(O) form simply asks you to enter the entry/exit dates into the UK so the "system" would be computing the absences in the background for the caseworker. I was thinking of uploading an absence schedule in excel also for ease of the c/w. Do you think its a good idea?

Secondly, since the date of first arrival in the UK is to be entered in the SET(O) online, i guess there is no need to calculate the gap between visa issue and point of entry as absence in the online form as the system should calculate this accordingly. I have only entered exit/re-entry of my absences subsequent to first entry into the UK in the form. Trust this is ok.

Grateful for your clarifications.

Thanks

[zimba]

You should enter all the absences. There is no need to tell the caseworkers how to follow the rules. Give them what they asked for and they know how to handle it

[Bobbyg]

You should enter all the absences. There is no need to tell the caseworkers how to follow the rules. Give them what they asked for and they know how to handle it

Hi Zimba

Thanks for the counsel. Specifically, do i enter the "absence" between date of visa validity (24/6) and date of arrive (10/7) in the "Immigration History" section of the SET(O)?

- the first question in this section is "when did you first enter the UK" - Answer entered here is 10/7
- the next question is "which countries did you visit or travel through when absent from the UK and Crown Dependancies" - this is where i start to enter one by one the exit and entry in the UK. I am unclear whether i should again enter the first absence (from 24/6 to 10/7) when i actually did not exit and enter the UK but that was simply a delayed arrival into the uK.

If you can help me with this question, then it solves my question.

Many thanks for your patience
Kind regards

[zimba]

Yes, you would enter it normally.

[Bobbyg]

Yes, you would enter it normally.

Hi Zimba,

Does that mean that i should:

- enter an entry date and exit date as (i) commencement of visa validity (24/6) and (ii) arrival into the UK (10/7) respectively?

OR
- only enter the date of entry into the UK in a separate field and leave it to the "system"/CW to decipher this absence. Hence not enter a date of entry and exit for the initial absence in the immigration history?

Sorry for asking this repeatedly but i want to make sure i dont make any error?

Kind regards

[zimba]

You are way obsessing over this. This has literally no effect on your ILR. You can even omit this

[Bobbyg]

You are way obsessing over this. This has literally no effect on your ILR. You can even omit this

ok, thanks a lot for your patience and response.

Kind regards