Tier 2 dependent continuous period for ILR

[Raj19891985]

Hello All,

I am currently on ILR and I request your opinion on following situation related to my wife's ILR application.

My wife initially entered UK on 26th June 2014 (initial visa was valid until 24-01-2016). She went back to India on 3rd June 2015 and could not return within the visa validity. So she later had to apply for new entry clearance on 9th Feb 2016 (from India) and new visa was granted on 17th Feb 2018. New visa is valid until 24-01-2019.

My question are:

1) As per "Indefinite leave to remain: calculating continuous period in UK Version 16.0" Page 15,
Pre 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance

also as per same document, Page 8 & 9,
PBS dependants
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave Page 9 of 18 Published for Home Office staff on 11 January 2018 granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018.

After reading this document, I think my wife applied for new entry clearance from India within 28 days of her leave expiry date (i.e applied on 9th Feb 2016 whereas visa expired on 24-01-2016) and UK absence of more than 180 days before 11 January 2018 does not count towards ILR eligibilty.

Based on available information, its bit confusing how exactly continuous period is calculated and we are planning to apply for her ILR on 26th May 2019 (based on 5 years).

Please anyone suggest me whether we are ok to apply for ILR on 26th May 2019 or we should until 5 years from 17th feb 2016(5 years from second entry clearance).

Thanks in advance for your help and support.

[zimba]

She should be able to get ILR in 2019. Her long absence will be ignored

[Raj19891985]

Thanks Zimba88 for your reply.

Thanks for confirming that long absence will be ignored.

I am more concerned and worried whether second entry clearance from India resulted in a break in continuity and 5 years clock started again from feb 2016. As I said before, she applied within 28 days of her leave expiry date which seems to be within allowable limit specified within official document.

Could you please specifically clarify above point.

Thanks in advance again for your time and help.

[vinny]

If it's allowed in the guidance, then it should be okay.