More than 180 days absence of dependent applying for ILR

[Ameya]

Hello,

Sorry for asking the same question again. CR001 had kindly replied to my earlier post. I have few more doubts.
Her BRP dates were as follows
1) PBS Dependent Leave to Enter
BRP Issue date : 02/07/2016 Valid Until : 15/07/2019
2) PBS Leave to Remain (Current BRP)
BRP Issue date : 11/06/2019 Valid until : 14/07/2022

Her period of absence of more than 207 days(15/10/17 to 09/05/18)overlapped over 11th January 2018.

1)Would it be still not counted at all as the visa on which she travelled was issued prior to the change of rules? What I understand, please correct me if I am wrong, Since PBS dependents did not have absence of 180 days rule prior to 2018. While applying for ILR will UKVI completely discard any absence prior to 2018 and since the current visa was issued in June 2019, the transition period from Jan 2018 to June 2019 will have the 12 month rolling counting method?

2)And if there is no clear mention that absence before 11 Jan 18 will be discounted then since absence is of 207 is in one 12 month period in 2017/18 if UKVI use either a 12 month block or any 12 month rolling method to count this then she will disqualify for ILR- Correct?

I also went through few websites where the lawyers stated 180 days rule did not apply for dependents prior to 11 jan 2018, but could not find any specific mention of that on any UKVI documents available online.

This is ref document that is confusing us:

The PDF document states that prior to 11jan 2018 it was counted in continous 12 months but then was changed to rolling 12 months. Does this apply to main applicant or also for the dependents?.

https://assets.publishing.service.gov.u ... 2.0ext.pdf


I am only asking again since its a joint application of my wife with my daughter so almost GBP 6000 at stake here!!!!

Please respond and thanks in advance

[CR001]

Please continue in your existing topic where the correct advice has already been given!!