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Continuous Leave Period for PBS dependant

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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drkooper
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Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Continuous Leave Period for PBS dependant

Post by drkooper » Thu Feb 01, 2018 7:11 pm

Hi,

I was on Tier 1 General visa when I married my wife in UK and she had to go back to her home country to apply as a Tier 1 dependant. She came to UK on 1st November 2012. After that I got my ILR and British citizenship. Since 2012 we have been extending her Tier 1 dependant visa.

We went to India together in June 2015 and returned back on Sep 2016 a period of about 15 months with valid dependant visa. Will this reset her ILR clock or will this time away from UK still count towards the 5 year period required for ILR?

Can someone please shed some light on this matter?

Thank you.

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CR001
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Re: Continuous Leave Period for PBS dependant

Post by CR001 » Sun Feb 04, 2018 1:01 pm

Will this reset her ILR clock or will this time away from UK still count towards the 5 year period required for ILR?
No as long as she did not apply for a new entry clearance visa.
Char (CR001 not Casa)
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drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Re: Continuous Leave Period for PBS dependant

Post by drkooper » Mon Jul 09, 2018 4:37 pm

Thank you for replying. She did not applied for a new visa as her dependant visa covered the entire duration of the trip in India. My understanding is that she has now completed 5 years required for ILR. Can you please confirm it?

Also, if eligible what kind of documents would I need to prove that we were together in India. Would the passport entry stamps be sufficient to prove?

drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Re: Continuous Leave Period for PBS dependant

Post by drkooper » Wed Jul 11, 2018 7:35 am

Can anyone advise please?

Thank you.

drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Re: Continuous Leave Period for PBS dependant

Post by drkooper » Mon Aug 06, 2018 3:53 pm

I understand my wife is eligible for ILR in spite of the new rules coming in place in 2018 as all her absences were before that.
Can someone please confirm that?
Also, can someone guide me to a link which will provide a list of documents needed?

Thank you very much.

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CR001
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Re: Continuous Leave Period for PBS dependant

Post by CR001 » Mon Aug 06, 2018 3:58 pm

I understand my wife is eligible for ILR in spite of the new rules coming in place in 2018 as all her absences were before that.
Can someone please confirm that?
Correct yes.


For documents, see recent success posted by member 'nujkundarap' @ Tue Jun 26, 2018 5:48 pm - page 42 of thread.

indefinite-leave-to-remain/successful-p ... l#p1651249
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.

drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Re: Continuous Leave Period for PBS dependant

Post by drkooper » Mon Aug 06, 2018 4:42 pm

Thank you CR001. Will have a read.

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