PBS dependant - ILR Eligibility

[chinnabeetech]

Hi,
I am on Tier 2 General Employer sponsored visa and living/working in UK since March 2014. My wife got the entry clearance as PBS dependant on 27/11/2014 and travelled to UK on 29th Jan 2015. She went back to my home country again on 3rd Sept 2015 for maternity and returned on 19th April 2016.
This was a full stretch of more than 6 months but however, based on her entry clearance date, it was split between two 12 months periods. Now my question is whether she will be eligible for ILR on Nov 2019 or any issues might arise due to that 6months absence? Below is the full breakdown of her leaves.

27/11/2014 - 26/11/2015 : absence from 27th Nov 2014 till 29th Jan (63 days) + absence from 3rd Sept 2015 till 26th Nov 2015 (84 days) =147 days

27/11/2015 - 26/11/2016 - absence from 27th Nov 2015 till 19th April 2016=145 days

27/11/2016 - 26/11/2017 - 0 days absence
27/11/2017 - 26/11/2018 - possibility of 30 days absence
27/11/2018 - 26/11/2019 - 0 days absence

[CR001]

For PBS Dependents, it is the date of ENTRY to the UK that starts the qualifying residence period and NOT the visa issue date. She will won't qualify in November 2019.

Also, recent rule changes to the absence limits for PBS dep means that any absence of 180 days or more breaks continuity of residence.

[chinnabeetech]

Thanks cr001,

That 180 days of absence is for total 5 years or in any consecutive 12 months period?

[CR001]

See vinny's post in the link below.

http://www.immigrationboards.com/uk-tie ... l#p1433704

[chinnabeetech]

Thanks but that post mostly talk about tier 1 general dependants. Does the same rule apply for tier 2 General dependant aswell? I haven't read anywhere that a tier 2 General dependant is not eligible for ILR after 2018. Can someone please confirm.

[CR001]

The topic is regarding a Tier 1 G dependent but the changes are for all PBS dependents.

I was not referring to the ILR after April 2018 (which is not even relevant to Tier 1 G dependents) but the absence limit as you had asked.

[chinnabeetech]

For PBS Dependents, it is the date of ENTRY to the UK that starts the qualifying residence period and NOT the visa issue date. She will won't qualify in November 2019.

Also, recent rule changes to the absence limits for PBS dep means that any absence of 180 days or more breaks continuity of residence.

First answer is clear. Thanks to CR001 for that.

For second answer, reg recent rule changes, are you saying the continuous residency will be broken if a pbs dependant is absent from Uk for more than 6 months/180 days in 1 stretch at any given point of time in the total 5 years?

Thanks in advance

[CR001]

Yes, a single absence of 180 days or more in ANY 12 month cycle (not calendar months) breaks continuity of residence.

[jkcool]

Yes, a single absence of 180 days or more in ANY 12 month cycle (not calendar months) breaks continuity of residence.

Can it be split if the 12 month cycle is properly planned ?

Like this

Code: Select all

Start        End	      Absence              
15/06/2018	14/06/2017	10
15/06/2017	14/06/2016	94
15/06/2016	14/06/2015	140
15/06/2015	14/06/2014	60
15/06/2014	14/06/2013	35

My wife was away for 234 days last year. Will it work ?

[vinny]

New Update! Previous changes to be deleted!