Continuous residence for PBS dependent

[ksriramanarasimhan]

I am currently in the UK on ILR. My wife's PBS dependent extension was approved in June 2017. She entered UK on Nov 27, 2014.

My wife wants to be in India for around 6.5 months from Nov 2, 2017 until May 20 2018 to complete her chartered accountancy exam. Given that 180 days rule is applied for every 12 month period, will the absence from Nov 2 to Nov 27 count as 25 days absence for the 12 month period from Nov 27, 2016 to Nov 27 2017?
And the rest of the absence counted as part of Nov 27 2017 to Nov 27 2018?

I want to know if continuous residence requirement (180 days rule) apply to her when she applies for ILR in Nov 2019. Will her absence affect her application for ILR in the future?

[Casa]

There is no 180 days absence limit for PBS dependants.

[ksriramanarasimhan]

Thanks. I was reading an article here - http://www.immigrationbarrister.co.uk/B ... rtner.html

which talks about 180 days rule for dependants and the clause 319E(d)(ii) of immigration rule.

But when I went through the clause 319E(d)(ii) in - https://www.gov.uk/guidance/immigration ... ly-members, I could not find any reference to 180 days so a little confused here

[Casa]

The absence rule for PBS Dependants was removed in April 2017.

See this thread and Vinny's posts:
uk-tier-1-general-visas/ilr-through-tie ... l#p1464957

[softsword]

Hi casa,

I have a similar situation.
I am on ILR since Apr 2015 and my wife who entered in Nov 2012 will be completing her 5 year period in Nov 2017(she has visa till apr 2018 though).
But the problem is she had been out of country for 8 months and is back here since may 2017.

I am worried that she has breached the 180 days in 12 months restriction.


But as you say the absence rule was removed for PBS dependents, can you point me what rule is changed and where.

Thanks in advance.

[CR001]

Hi casa,

I have a similar situation.
I am on ILR since Apr 2015 and my wife who entered in Nov 2012 will be completing her 5 year period in Nov 2017(she has visa till apr 2018 though).
But the problem is she had been out of country for 8 months and is back here since may 2017.

I am worried that she has breached the 180 days in 12 months restriction.


But as you say the absence rule was removed for PBS dependents, can you point me what rule is changed and where.

Thanks in advance.

Can you please refrain and desist from tagging your posts onto other members topic. It is considered rude and creates confusion when members respond.

Please ask your questions in your own topic if you have one.