ILR - PBS Partner 180 Day Absence New Rule

[Rambo_ILR]

Hello,

I just came across this new rules to be placed as below from Dec/Jan 2018 for PBS Partner 180 Day absence

“7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days. (emphasis added)”

I am main applicant obtained ILR through Tier 2 General in 2016

And my partner status as below:-

Sep 2013 – First entry as Tier 2 G Partner
Oct 2014 – Extension as Tier 2 G Partner
Jan 2016 – Left UK for baby delivery
Oct 2017 – Returned back to UK with the baby (baby visa issued in-line to mother status)
Nov 2017 – Applied for further 3 year extension same category - still awaiting result

I was hoping that she would be eligible to apply for ILR from Sep 2018 as per previous rule, But as this new rule coming in place from Jan 2018. Does that mean we have to wait for another 5 years? Even in case If we tend to apply for another extension under T2G in 2020?

And when is the child eligible to apply for ILR?

Thanks in advance!

[makky86]

Hello,

I just came across this new rules to be placed as below from Dec/Jan 2018 for PBS Partner 180 Day absence

“7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days. (emphasis added)”

I am main applicant obtained ILR through Tier 2 General in 2016

And my partner status as below:-

Sep 2013 – First entry as Tier 2 G Partner
Oct 2014 – Extension as Tier 2 G Partner
Jan 2016 – Left UK for baby delivery
Oct 2017 – Returned back to UK with the baby (baby visa issued in-line to mother status)
Nov 2017 – Applied for further 3 year extension same category - still awaiting result

I was hoping that she would be eligible to apply for ILR from Sep 2018 as per previous rule, But as this new rule coming in place from Jan 2018. Does that mean we have to wait for another 5 years? Even in case If we tend to apply for another extension under T2G in 2020?

And when is the child eligible to apply for ILR?

Thanks in advance!

She will not be impacted. This will apply anyone coming after pbs dependant route after 11th Jan 2018

Child will follow same route as the mother.