ILR for dependent based on PBS

[rishikumar02]

Hi

I have a query regarding the dependent ILR application.

My wife immigration and visa details


• Entered the UK on the 20/11/2010 with a valid Entry Clearance granted from 02/09/2010 - 13/01/2014 as a spouse of a Tier 2 Migrant to join spouse.
• Extension as Tier 2 general dependent 27/12/2013 until 29/12/2015
• Extended her leave as a PBS dependent from 21/12/2015 until the 21/12/2018

I was granted ILR on the 05/2014 and got the British citizenship in sept 2015 on basis or Tier2 general

Wife absences from UK:
1) Date left the UK: 10/10/2011
Date returned to the UK : 21/03/2012
No of days absent : 6 months and 10 days

2) Date left the UK 12/06/2013
Date returned to the UK: 16/06/2013
No of days absent : 3 days

3) Date left the UK: 08/11/2012
Date returned to the UK: 01/12/2012
No of days absent: 22 days

4) Date left the UK:25/01/2014
Date returned to the UK: 29/03/2015
No of days absent: 1 year 2 months and 3 days

Can someone suggest whether she is eligible for ILR or not due to the absences

[vinny]

I believe that she was eligible to apply for SET(O) since 29/03/2015, subject to 319E, including KoLL, etc.

[rishikumar02]

So the new rule will not effect her, My main query was regarding the absents.
she already have passed the English test and Life in uk test

she should not have any problem in applying

[rishikumar02]

Can someone please reply whether its fine for me to apply, the rule will be applied retro respectively and there should not be any problem for me

[rishikumar02]

There is some rule changes from 11th Jan 2018 for absence calculation for dependent, Whether that rule will not be applicable in my case or this rule will be applied retro respectively to all the applicant apply ILR after 11 Jan 2018. or its will be only applicable for those who are getting the visa or extension after jan 2018

Please help me this is very much needed

[vinny]

Changes to indefinite leave to remain in work categories

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.

[anony89]

Hello Vinny,
I am still bit confused with the new rules, please help clarify my scenario.

Myself: Naturalised british under Tier 2 ICT
Spouse: PBS dep first granted :2013
Spouse pbs dep visa expiry : Mar 2018
Out of UK for around 200 days in 2017 for maternity

Will she still qualify for ILR in 2018 inspite of the gap > 180 days last year?
Is it worth extending under PBS if she doesnt qualify for ILR rather switch to FLRM ?

[vinny]

She should be okay, if she had continuous leave, irrespective of absences from the UK prior to 11 January 2018.

[rishikumar02]

Can someone please let me know the list of the documents required to submit by my wife during ILR application

[rishikumar02]

While filling the SET(O) form i've noticed section 6.13 and 6.14

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.

6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?

Does this mean that i do not need to list any absences for my Wife on the SET(O) form before 11 January 2018?

Does dependent need to fill this section

Thanks your help is greatly appreciated

[rishikumar02]

Thanks Gurus's i have got my wife ILR. Its was impossible without yours help

[pk88]

Hello,
I am in a similar situation.
Can you please confirm if you had to provide details leaves outside uk for the last 5 years before jan 2018 for your wife as well?