Tier II Dependent Spouse Question

[azizadil1998]

My father has a 3 years initial leave to enter with a Tier-2 spouse visa (granted in Dec 2015). Since April 2016 to date, he as a spouse of Tier-2 migrant has been working overseas due to poor job market situation in oil and gas industry in UK. So todate he has absences from UK for over 12 months. He and family have been visiting each other several time since then (6 times, approx.). At the moment, he intends to stay overseas for another next 6 months and will return to UK in Jan 2018. He will then apply for FLR in Sept 2018 from inside the UK and then intends to apply for ILR in Sept 2020.

With this background, I am looking for interpretation of current rules for ILR for partners of PBS migrants, i.e., "319E, Requirements for ILR", in particular to the following clauses pertinent to spouse overseas stay:

319D (ii) The specified period is a 'Continous' period of 5 years during, which the applicant must:
319D (ii) (b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant.

Query:

(1) What is the definition of 'Continuous period of 5 years' stated in 319D (ii) ? I understand that 180 days limit for overseas stay has now been removed in April 2017. With this in mind, how many days the partner can stay overseas for each year of the five years period while still meeting the requirement of 'Continous' period of 5 years?

(2) What is the definition of 'most recent part of the 5 years period' as in 319D (ii) (b)?
- Is it recent 2 years of the 5 years period and
- How many days of UK absences are permitted during the most recent part of the 5 year period?

Unfortuantely the rules appear vague as they don't provide precise defintiation of number of days of stay in UK as for the Tier-2 migrant (180 days/year). Is there any wisdom for keeping the rules related to spouse in a 'grey' area?

Thanks for your help.

[CR001]

There is no absence limit for PBS Dependent, however, they should have residence in the UK, i.e. not live abroad for the 5 years and only come back for visa extension and then return for ILR.

Continuous period means no break in visas, so having a PBS Dependent visa for the whole period. Your father falls under the 5 year residence requirement and not the 2 year requirement as he got his visa after the rule changed in July 2012.