ILR eligibility for Tier 1 (Gen) - dependents

[asrmba]

Dear Experts,

Kindly advise… A solicitor told us that, my wife and child are not eligible for ILR as they’re out of country over 6 months and have to get their stay extended until 2 yrs finished.

My ILR was issued on 5th/April/2016 under 5 yrs valid stay (Tier 1 General). My wife and child (5 yrs old) is due for ILR and is currently on Tier 1 Gen dependent. Their visa expires on 12th Mar 2017.

They both outside the UK over 180 days (7 months) in the past 2 yrs and the details are listed below:

Date of Initial Visa Issued 18-May-12
Date of first entry 30-May-12
Dates outside UK 18/April/2013 - 06/June/2013 7 weeks
Dates outside UK 09/Dec/2014 - 11/July/2015 31 weeks (7 months)
Dates outside UK 27/Nov/2015 - 13/Dec/2015 2 weeks

They went outside the UK and returned back while they have had a valid visa and all the extensions were done inside the country.

Due to the fact that they are outside the country for more than 180 days, I’m thinking to apply for their ILR on/after 15th February 2017, therefore they’re considered to be outside the country for 5 months 2 weeks (less than 6 months) when calculated 24 months backwards.

Pls advise, are they eligible on the above ideal grounds? Or is solicitor advise is right?

Thanks,
Kumar

[CR001]

There is no absence limit for PBS Dependents.

I hope you haven't paid for such incorrect advice

[asrmba]

Hi there,

Thanks for your reply.

NO we haven't paid fee but as per https://goo.gl/NrnTCX there is a limit for 180 days (my understanding) however not found as such difference for dependents.

Could you kindly cross check for me (apologies, I don't mean to challenge your knowledge), as 2 solicitors were told the same that over 180 days stay is considered.

Can you point me to any document, which shows or official Home office contact?

Thanks,
Kumar

[CR001]

And in your link, does it state 'DEPENDENTS' anywhere??

The 180 days per 12 months limit is for MAIN PBS migrants only.

There is no official document stating absence for PBS Dependents as far as I know. Absence should be limited and for good reason.

More than 180 days would only break continuous residence if she was apply for ILR based on long residence.

As she only requires 2 years residence under the pre 9 July 2012 rules, HO will look at the last two years (2015-2017).

[asrmba]

Hi,

There is no specific 180 days time limit for dependents, as this is presumed to be the same for both. If there is no such rule, I probably apply for ILR stright immediate than to wait until Feb'17. Could you advise me, how or whom should I contact for an official confirmation before I place application for both of my dependents?

Thanks,
Kumar

[CR001]

There is no specific 180 days time limit for dependents, as this is presumed to be the same for both.

No it is not the same for both. Don't assume anything where HO is concerned, it causes stress.

Don't know who can write to and unlikely you would get a quick response.

All you have to show is that for a period of absence, that you have evidence of subsisting marriage and communication.