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ILR or Tier 1 G Dependant Extension?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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kavya90
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Posts: 2
Joined: Fri Nov 17, 2017 4:55 pm
India

ILR or Tier 1 G Dependant Extension?

Post by kavya90 » Mon Nov 20, 2017 3:57 pm

I am a tier 1 General dependant arrived the UK first on 30th December 2012 and I am going to finish 5 years at the end of December 2017.
I wanted to check whether I am qualified to apply ILR or should I go for further extension as a Tier 1 general PBS dependant applicant based on circumstances?

During this 5 years, I was away for more than 189 days continuously in 12 months period.

My absence in last 5yrs are below, As applying on 8 December 2017
Rejection Case
9 Dec 2016 to 8 Dec 2017 = 30 days
9 Dec 2015 to 8 Dec 2016 = 15 days
9 Dec 2014 to 8 Dec 2015 = 189 days
9 Dec 2013 to 8 Dec 2014 = 14 days
9 Dec 2012 to 8 Dec 2013 = 82 days
But if I submit the application on 22nd December 2017. This is going to change as below
Possible another option
23 Dec 2016 to 22 Dec 2017 = 30 days
23 Dec 2015 to 22 Dec 2016 = 15 days
23 Dec 2014 to 22 Dec 2015 = 175 days
23 Dec 2013 to 22 Dec 2014 = 28 days
23 Dec 2012 to 22 Dec 2013 = 82 days
Will the absence is permissible based on 12 months continuous rule if I submit my application on 22nd December?
I did see many suggestions about splitting the absence into two 12 months period to avoid exceeding 180 days but I did not see any success stories about this.

Please help. Thanks a lot in advance.

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CR001
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Re: ILR or Tier 1 G Dependant Extension?

Post by CR001 » Mon Nov 20, 2017 3:59 pm

During this 5 years, I was away for more than 189 days continuously in 12 months period.
There is NO absence limit for PBS dependents.
Will the absence is permissible based on 12 months continuous rule if I submit my application on 22nd December?
I did see many suggestions about splitting the absence into two 12 months period to avoid exceeding 180 days but I did not see any success stories about this.
This is NOT relevant to you as a Tier 1 G Dependent. This ONLY applies to Tier 1 main visa holders (assuming your spouse already holds ILR??).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kavya90
Newly Registered
Posts: 2
Joined: Fri Nov 17, 2017 4:55 pm
India

Re: ILR or Tier 1 G Dependant Extension?

Post by kavya90 » Mon Nov 20, 2017 4:22 pm

Thanks a lot for the prompt response CR001.
There is NO absence limit for PBS dependents.
Awesome. This is new to me.
This is NOT relevant to you as a Tier 1 G Dependent. This ONLY applies to Tier 1 main visa holders (assuming your spouse already holds ILR??).
Yes, my spouse already holds ILR through Tier 1 General 5year route.

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