PBS Dependant Clarification

[medosky]

Hi Everyone,

Thank you for a job well done.

1. Now that PBS dependant are now subjected to the180 days absence in a qualifying 12 months rule, Is it correct to say that days between visa issue date and actual entry date will be considered as absence?

2. I have been in the UK since sept 2010 for masters and then got PSW afterwards.
Because of the rule in place in early part of 2013, I had to leave the UK still with a valid PSW visa to change to Tier 2 dependant in my home country. This
rule was changed later in the year.
Visa Issue Date: 08/04/2013
Entry date: 27/04/2013
Expiry date: 25/03/2018
No absence from the UK since entry.

The question is am I qualified to apply for ILR?

Thank you for your anticipated responses.

[medosky]

Any response to this please.

[medosky]

I guess no one have got a definite answer for this.

[vinny]

Options.

[medosky]

Thank you very much vinny for ur response. I have considered the options until the rule change of more than 180 days for dependant. I am just wondering if the days between the issue date and travel date is considered as absence for dependant as applicable to the main applicant. Thx

[vinny]

I think that the entry date is usually considered as the start date for dependants' qualifying period.

[medosky]

Does it matter if the dependant has a valid PSW visa before travelling and then consider the date of change of visa to dependant? Reason being that I would not have travelled to change visa if it was allowed then. Thx.

[CR001]

If it was a PSW main visa holder, then no as PSW does not count for ILR based on 5 years residence and you cannot combine PSW main with dependent categories to make 5 years. The clock for 5 years starts from date of entry as dependent PBS.

[medosky]

Thx very much for your help and time. I will have to stick with vinny's options. I hope they can consider date of issue in future for dependant. I still got a year. Things could change before then. Have a great evening.