Big changes to continuous residence rule for ILR applicants under PBS

[Asim007]

Hi everyone!

I have folowing questions about my wife’s ILR and absence situation.

She entered UK on 23rd April 2015 as tier 1 dependent. She got 3 years extension in april 2016. She needs 1 more extension in april 2019 to complete 5 years route for ILR in april 2020.

And this is her absense break down from UK

APR 2015 - APR 2016 (34 days)
APR 2016 - APR 2017 (112 days)
APR 2017 - APR 2018 (94 days)

1. is there any maximum number of absence limit for 5 years before applying for ILR?
2. We should only worry about 180 days per 12 months limit for absences after 11 january 2018? Or because she needs one more extension, all absences will count.

Any help is much appreciated.

Thanks,
Asim

[vinny]

PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.

[Asim007]

Thank's vinny for replying
So this means there is no maximum absence limit for 5 years but for only 12 months period

PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.

[marcnath]

Thank's vinny for replying
So this means there is no maximum absence limit for 5 years but for only 12 months period

PBS Dependants' absences are not impacted during leave granted prior to 11 Jan 2108.

Correct, the limit in her case is only for the time between April 2019 and April 2020

[thippeshcam]

Hi,

I am already Settlement (ILR) visa holder in UK(Main applicant).

This query is regarding ILR application for Tier 2 Dependents for wife and son.

Details of their TIER 2 VISA

Entry clearance Tier2 dependant Visa issued - 23 May 2012(Before 9 July 2012)
Date Entered in UK- 16 Sep 2012

Absence Details from UK

21 Apr 2013 to 6 aug 2014--17 Months Which is beyond 180 days per calendar year

but dependents are staying with me in UK continously since 6 Aug 2014 till today with No absence since 6 august 2014.


As a change in the existing current PBS Dependent ILR Application rule which were made on 7th Dec 2017 and 180 days absence in any calendar rule applicable for all applications made after 11 Jan 2018(where 180 days absence rules is extended to Dependents also) .

I am planning to apply for ILR 2 year route for them as entry clearance visa stamped before 9 July 2012.

As per 2 year ILR Route for Dependents rule , Tier 2 Visa Application and Entry clearance Visa Stamped before 9th July 2012 and Continous stay( 2 years of stay) with me in UK since August 6 2014 till date, Can i apply for ILR for Wife and son though there is a gap of more than 180 days in any calendar year in the year apr 2013 to Aug 2014.

Please confirm as i heard a rule got changed just last month as 180 days absence is applicable to dependents for ILR application. As i already booked on last week of Jan 2018 for Premium service slot in next month for dependents before their current leave to remain visa expires in February 2018 under 2 Year ILR Route considering their continous stay in UK since 6 August 2014 till date and Entry Clearance Visa Stamped before 9th July 2012.

Please advise whether should i continue with my ILR Dependent application(Premium Service) for wife and son under ILR 2 year route .

Thanks .

Yes, you can continue.

The recent changes:
1) do not apply to the 2 year rule
2) even if it did, it would only apply to absences after 11 Jan 2018

Hi Subhasisbilas,

Just wanted to know whether your dependent's ILR application was successful? I am also in the same route for my dependents.

Many thanks
thippesh

[mahs]

Hi All,

I and my wife are in a similar situation and will appreciate some help.

My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).

Since March this year, she has already spent around 140 days out of the UK.

Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?

Many thanks in advance for your replies,

M.

[marcnath]

Hi All,

I and my wife are in a similar situation and will appreciate some help.

My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).

Since March this year, she has already spent around 140 days out of the UK.

Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?

Many thanks in advance for your replies,

M.

The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.

[mahs]

Thanks a lot for your prompt reply.

[mahs]

Hi All,

I and my wife are in a similar situation and will appreciate some help.

My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).

Since March this year, she has already spent around 140 days out of the UK.

Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?

Many thanks in advance for your replies,

M.

The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.

OK, may I ask a follow up question please.

So our understanding is that:
1- For visas granted before Jan 2018 there is NO absence period. So she could remain out of the country for example until the end of her visa in April and it won't affect her ILR application in 2022. Is this correct??

2- When she renews her visa in 2021, she then needs to be careful not to stay out of the UK for more than 180 days before her application for ILR. Is this correct please?

BTW, is there going to be a problem for her VISA if she continues to stay out of the country? Hopefully it is not going to be revoked in any case for not being in the UK; is it?!

Many thanks again for your replies, and sorry if the questions seem repetitive; this is a very stressful period for us and we just want to make sure we are not making any wrong assumptions.

[marcnath]

Hi All,

I and my wife are in a similar situation and will appreciate some help.

My wife is on a Tier 2 dependant visa.
She got her visa in September 2017 and came to the UK in October 2017.
Her visa is valid until April 2021, so she needs to apply for an extension for 1.5 years in 2021 (I will hopefully get the ILR by that date).

Since March this year, she has already spent around 140 days out of the UK.

Considering she can normally apply for ILR in Oct 2022: What will happen is she continues to stay out of the UK right now for more than 40 more days (more than 180 days since March 2018)? She prefers to stay until February 2019, but is this going to be a problem for her ILR application in 2022?

Many thanks in advance for your replies,

M.

The absence period does not apply to visas granted before Jan 2018, so it does not apply to your wife until her next renewal.

OK, may I ask a follow up question please.

So our understanding is that:
1- For visas granted before Jan 2018 there is NO absence period. So she could remain out of the country for example until the end of her visa in April and it won't affect her ILR application in 2022. Is this correct??

2- When she renews her visa in 2021, she then needs to be careful not to stay out of the UK for more than 180 days before her application for ILR. Is this correct please?

BTW, is there going to be a problem for her VISA if she continues to stay out of the country? Hopefully it is not going to be revoked in any case for not being in the UK; is it?!

Many thanks again for your replies, and sorry if the questions seem repetitive; this is a very stressful period for us and we just want to make sure we are not making any wrong assumptions.

That is correct as the rules stand today. Obviously, they can change it.

[Johnnydep]

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

[marcnath]

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.

[Johnnydep]

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.

Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again

[marcnath]

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.

Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again

Depends on when you visa was granted. If it was before Jan 2018, then it is 180 days in each year

[Johnnydep]

Dear all,

I am in the process of waiting for my tier 2 visa decision. With a hope in achieving ILR in 5 years time.

I've been reading through all the posts to get an understanding but Im very confused.

Can somebody explain what does it mean by *for a period of 180 days or less in any of the 5 consecutive 12 months period preceding the date of the application.*

Does it simply mean that I am not allowed to stay away from UK for more than 180 days each year for 5 years or it has a more subtle meaning than that?

The highlighted part is the correct meaning. But a "year" is calculated backwards from the application date. So, if you apply on 24th June, the year is from 25th June to 24th June.

Thank you. I read other posts in this thread. They said they can count any 365 days within 5 years period. If I apply on 24th June. Is it still any 365 days within 5 years or the year counts from 25th to 24th?

Thank you again

Depends on when you visa was granted. If it was before Jan 2018, then it is 180 days in each year

Thank you. Right. My visa will only start from 2018 Dec. So it is not 180 days each year. How does it count for 180 days?

Is it 180 days for 5 years?

I just can't understand. Too complicated.

Many thanks

[Bil_Ent]

Hello All Guro's

i am bit confused about change in law for ILR for 10 years rout,
i came in Sept,2009 and going to complete 10 years soon lawfully via PBS System but i spent 178 days out of UK from March,2014 to September,2014.then i been out of UK in Jan,2015 to Feb,2015 for about 30 days,so the confusion is that will it concider over 180 days? or the 30 days will count in the previous year,and if it counts so should i apply in April,2020 to concider last 5 years till 2015? so that 2014 year will be minus?

your guideline will be Really helpful TIA

[CR001]

Hello All Guro's

i am bit confused about change in law for ILR for 10 years rout,
i came in Sept,2009 and going to complete 10 years soon lawfully via PBS System but i spent 178 days out of UK from March,2014 to September,2014.then i been out of UK in Jan,2015 to Feb,2015 for about 30 days,so the confusion is that will it concider over 180 days? or the 30 days will count in the previous year,and if it counts so should i apply in April,2020 to concider last 5 years till 2015? so that 2014 year will be minus?

your guideline will be Really helpful TIA

This "new rule" is NOT for ILR based on long residence. It is ONLY for ILR based on 5 years residence PBS route!!

[mcsat]

Does residence rule apply for PBS Dependent Children Born in UK?

Thanks

[marcnath]

Does residence rule apply for PBS Dependent Children Born in UK?

Thanks

No, it does not apply to children - whether born in UK or not

[ash2006]

Is it okay for my wife still to go visit back home from Jan 29 to March 16 , she applying ilr in August when it expires she hasn't left uk the since she has been here in 2014 June, only now in January and she going for 5 weeks

[CR001]

Is it okay for my wife still to go visit back home from Jan 29 to March 16 , she applying ilr in August when it expires she hasn't left uk the since she has been here in 2014 June, only now in January and she going for 5 weeks

Yes as that is clearly less than 180 days.

[IsabelleLoulou]

Hello everyone!

I am very confused with all these changes... I am French and we live in Uk since the 20th April 2013..We used to travel during few weeks, as a break, since we are here..So, we almost spent 144 days outside Uk during this last 5 years ( including May 2018, and from April 2017 to April 2018: we spent 54 days outside Uk...and from may 2018 to the 6th of March 2019: we will have 30 days outside+ 93 days outside Uk (= 123 days outside Uk ) ...as we are actually spending time outside Uk for 93 days since the 3rd of December as our children are learning German during these 93 days...so, can we still apply and not failed? If yes, when shall we apply exactly ? When is the best time for us to apply as we will be back on the 6 th of March 2019?
It will be very helpful if you could bring some light on these points...
Thank you in advance

[CR001]

Hello everyone!

I am very confused with all these changes... I am French and we live in Uk since the 20th April 2013..We used to travel during few weeks, as a break, since we are here..So, we almost spent 144 days outside Uk during this last 5 years ( including May 2018, and from April 2017 to April 2018: we spent 54 days outside Uk...and from may 2018 to the 6th of March 2019: we will have 30 days outside+ 93 days outside Uk (= 123 days outside Uk ) ...as we are actually spending time outside Uk for 93 days since the 3rd of December as our children are learning German during these 93 days...so, can we still apply and not failed? If yes, when shall we apply exactly ? When is the best time for us to apply as we will be back on the 6 th of March 2019?
It will be very helpful if you could bring some light on these points...
Thank you in advance

This topic does NOT apply to EU citizens in the UK. It is for UK immigration rule PBS visa category.

Please post your questions in the sub forum link below for eea/EU route queries.

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