PBS dependant continuous residence rule change of Nov,2016

[jkcool]

Hi All,

I generally watch the visa and immigration new section on the gov.uk website and I did see the new changes being applicable from Nov 24,2016. But the news article did not mention the continous residency rule change for PBS dependents. Only in the statement of changes ( point 8.21 ) it is mentioned that 245AAA will be applicable for 319E. Unless you're familiar with the rules, no one is going to understand this change. I got to know only this weekend when one of my friend pointed me to few of the posts in this forum.

The new change means that continous residency rule for the main applicant is applicable to PBS dependents as well. So dependents cannot be outside the UK for more than 180 days in any given 12 month cycle.

Why such a major change was sneaked in ? Also, the modernised policy guidance for PBS dependents updated on 05-Jan-2017 does not mention about this. Why haven't they updated it ?

Coming to my personal circumstances, it does affect me in great deal. Last last year, my wife spent over 180 days back in India for pregnancy. Before I made the decision, I did check this forums and did look at some of the Freedom of Information Act queries which clearly mentions that the continuous residency requirement is not applicable for PBS dependents. I did make my decision based on the rules at that time and now they have changed it.

I know so many friends and also collegues at work which have done something similar. So many people particularly from India and neibouring states who have done similar things. I feel it is unfair to change the rule half-way through and penalise people.

Any updates since ?

I know that I may not be the only once suffering from this change. There may be so many people. Has Home Office given any clarification in this regard of why such a change was introduced? Or is there a chance of future changes to it? Did any lawyers contact Home office ?

Can the period over 180 days be split across 2 years ? Like suggested here

What can be done now ?

Option 1: Wait for another 5 years, pay NHS surcharge and visa fees for the Tier 2 extension for dependents.

Option 2: Any clarification to be sought via freedom of information act from Home Office?

Option 3: Mass Petition? Would be quite difficult to get it started and reach 10K for a statement. Will any MPs from the North West or London help in getting this sorted ?

Would like to know opinions from all members here.

[iworker]

You are currently here on a PBS visa and dependent is here on a dependent visa. You were given the visa to be here to work, and it stops here.
Current rules which state that you can get an ILR after a certain duration is a privilege and not a right.
Unlike other visas, ILR rules are the ones which are applicable at the time which apply to someone who is applying for one.
You can split the leave in 2 years.

[jkcool]

You are currently here on a PBS visa and dependent is here on a dependent visa. You were given the visa to be here to work, and it stops here.
Current rules which state that you can get an ILR after a certain duration is a privilege and not a right.
Unlike other visas, ILR rules are the ones which are applicable at the time which apply to someone who is applying for one.
You can split the leave in 2 years.

Thank you. So, I guess this is a non-issue.

[vinny]

New Update! Previous changes to be deleted!

[jkcool]

New Update! Previous changes to be deleted!

Thank you.