Tier 1 General (PBS Dependent) - Continous period

[E44302]

Respected Members and forum gurus,

I have already booked my wifes ILR appointment for next week. I just saw a few threads now and realized that the continuous period rule has been reintroduced. What a strange thing by HO. Following is my wifes scenario:

First time arrived in the UK on 8th February 2013. She went back home on a maternity break from 12th October 2013 till 20th April 2014. (Total 190 days). There have been other leaves and holidays as well but none of them have exceeded maybe 40-50 days.

However since there was no continuous period rule I calculated her 5 years of continuous residence based on the following dates:

8th February 2013
8th February 2014
8th February 2015
8th February 2016
8th February 2017
8th February 2018 - 5 years completed.

Based on the 28 days rule to apply for ILR before completing 5 years, i could apply anytime after 11 January 2018. So I booked appointment for next week.

Her current Tier 1 General Dependent visa is valid till March 2018.

Can someone tell me now what is the scenario? Can she apply for ILR next week? If not then what is the visa that she needs to apply for in March 2018?

[E44302]

UNBELIEVABLE the way UKVI and HO work, how can they just change rules like that. I dont understand. What am I supposed to do at this last minute?

[CR001]

UNBELIEVABLE the way UKVI and HO work, how can they just change rules like that. I dont understand. What am I supposed to do at this last minute?

Have you read the changes fully or are you just assuming based on the heading???

319E(d)(ii):

(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:

(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and
(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.

[E44302]

(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.

I see. So what that means is since she was granted period of leave under the rules before 11th January, 2018, the rule of 180 days does not apply to her.

And that means she can still apply for her ILR next week? Is that right?

Sorry if this sounds so stupid and repetitive and narrative. I am just being sure and clear.

And like always, thanks for your reply CR001

[CR001]

Your understanding is correct.

[cleverclues]

Hello everyone,
Does it mean, the PBS Dependent's can now apply for their ILR based on 5 year completion from the date of via issuance and not from the date of entry?

[vinny]

Apparently.

[VijayUK]

Apparently.

Hi Vinny,

Sorry to jump in others thread. So if visa was granted in Aug 2012 and Dependant is in UK from March 2013. Will it be counted from Aug or March ? and when can the dependant apply ?

Regards,
VJ

[CR001]

Apparently.

Hi Vinny,

Sorry to jump in others thread. So if visa was granted in Aug 2012 and Dependant is in UK from March 2013. Will it be counted from Aug or March ? and when can the dependant apply ?

Regards,
VJ

Please continue in your existing topic where you have received advice and confirmed that you have already booked an appointment. August 2017 is past, which is the 5 years from date of visa issue.

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