Dependent SWV - Continuous period & Employment outside of the UK

[AC89TD]

Dear Members,

Looking for some advise.

My question is regarding the continuous period requirements for ILR & Employment outside the UK.

As the main SWV holder I understand the requirements but I am interested to understand the nuances for my wife on a dependent SWV holder.
The requirement is for no absences exceeding 180 days in a 12 month period, in the 5-years prior to ILR application.
There is no employment requirement for my wife when applying for ILR as a dependent on my ILR application (we received SWV together and arrived on the same date), provided I meet the employment requirements (I do).
I understand that the continuous period in the UK does apply to dependent SWV applicants for ILR.

I read the following regarding calculating the continuous period in the UK:
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken.

The rule above is clear in application to the main SWV holder but is it also applicable for dependents?

For example if my wife took a contract role (self-employed) for an International Organization based outside the UK for a few months and did not exceed the 180 day rule would she be subject to the foreign employment rule and break her continuous period in the UK?

I am only interested in understanding the impact on a ILR application as tax is a separate issue I know.

Thanks, looking forward to any answers.
A

[CR001]

It doesn't apply to dependents.

[AC89TD]

Thank you CR001!

I understand that it does not apply to dependent children, but are you sure that is does not apply to a dependent partner on a SWV?
On page 14 of this guidance (https://assets.publishing.service.gov.u ... ce__1_.pdf) it indicates that the continuous residence rules apply to the dependent partner: "Dependent Partner of person on the routes listed in this table (except for Representative of Overseas Business, UK Ancestry and International Agreements) "

But then it is not clear if it is just the 180 day rule or if it includes working outside the UK for a non-UK entity (even if a short contract).

[zimba]

First of all the 'calculating continuous period in UK' guide you referred to above is an old guide (now covering a few remaining PBS routes) and it does NOT apply to your route. If you paid some attention, this is quite clear on top of that document. You should ONLY refer to the Appendix Continuous Residence and the Skilled Worker rules instead.

The 180-day limit applies to both the main and dependant partners. The rules do not require you to provide reasons for absences from the UK. They also do not care about the dependant partner's employment circumstances at all as that is totally irrelevant. You are misreading the guides