PBS dependent ILR

[Gladiator9999]

My wife is PBS dependent and her Visa was granted after 12th July 2012, and she entered in UK in June 2013 and as per 5 years rule she can go for ILR on June 2018 but during that period she has continuous absence of 1.5 years, is she still eligible for ILR or her continuous period is broken because of 1.5 years break.

[zimba]

Yes she is eligible. The absence limit does not apply to your wife

[Gladiator9999]

Thanks for your quick reply, is there any reference from home office to support this.

[zimba]

indefinite-leave-to-remain/big-changes- ... l#p1581504

[Gladiator9999]

Many thanks. As my wife will apply separately for ILR on set(O) so she will be main applicant on set(O) because of which she has to fill section 6(Immigration history) and in section 6.2 it looks absences needs to be declared which is contrary to the rule mentioned below
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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
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This situation is arising because dependant is applying separately on set(O), otherwise in case of Main applicant and dependent applying on same form at same time will not face this situation because in that case dependent will not fill 6.2 but will fill 6.13 clearly shows no need to mention any absences for Leave granted before 11th Jan 2018.

So I am not sure if my wife(PDB dependant applying separately on set(O)) need to fill in section 6.2 or not.

[zimba]

She does not need to fill that. As I said there is no absence limit for dependants before 11 Jan 2018

[Gladiator9999]

Hi...
As per my understanding there is no limit of absenses for PBS dependent for leave granted before 11th Jan 2018. but as per below guidance it says that if absence is more than 180 days in any year, PBS dependent is not eligible for ILR.
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Family members of points-based
system migrants
Version 13.0
This guidance tells caseworkers how to consider applications from people who wish
to enter or remain in the UK as the dependent family member of a points-based
system (PBS) migrant.
----------------------------

https://assets.publishing.service.gov.u ... 3.0ext.pdf
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Indefinite leave requirements
This page explains the requirements for indefinite leave to remain for family
members of points-based system (PBS) migrants. There is no Tier 4 route to
settlement.
Partners: paragraph 319E of the Immigration Rules
To be granted indefinite leave to remain as the partner of a PBS migrant, the
applicant must:
• be the spouse, civil partner, unmarried or same sex partner of a person who is
being, or has been, granted indefinite leave as a PBS migrant
• have, or have last been granted, leave as the partner of the person who is
being, or has been, granted indefinite leave as a PBS migrant
• have been living with the PBS migrant in the UK in a marriage or civil
partnership, or in a relationship similar to marriage or civil partnership for at
least:
o 2 years - for applicants granted leave as the partner of a PBS migrant under
the rules in place before 9 July 2012 and who have since had continuous
leave in that category
o 5 years – for applicants granted leave as the partner of a PBS migrant under
the rules in place on or after 9 July 2012, who have since had continuous
leave in that category and, during that period, have met all the requirements
of paragraph 319C (a) to (e)
• be in a genuine and subsisting relationship with the PBS migrant at the time the
application is made - for more information, see: 2.0 - Genuine and subsisting
relationship
• intend to live together permanently with the PBS migrant as their spouse, civil
partner, unmarried or same sex partner - for more information, see: 1.0 -
Partners
• meet the knowledge of language and life (KoLL) in the UK requirements - for
more information, see: Appendix KoLL
=====================================
• not have been absent from the UK for more than 180 days in any 12 month
period during the 2 or 5 year period
====================================
The applicant must not:
• fall for refusal under general grounds
• be an illegal entrant
Applicants must not be in breach of immigration laws, unless:
• the application is made within 14 days of the applicant’s leave expiring and the
Secretary of State considers there is a good reason beyond the control of the
applicant or their representative, provided in or with the application, why the
application could not be made in time, the overstaying will be disregarded

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[raaji]

Yes I seen in the case worker guidance.

they didnt mention anything about 11 jan 2018 rule changes to case worker.

but in the guidance they said 180 day absences not apply people who got initial and extension visa before 11 jan 2018. but for case worker guidance they didnt mention and telling if pbs dependant more than 180 day absences will be refuse the ilr.

may be these case worker guidance for after 11 jan 2018 ( initial /extension & ilr)

bit confused even the set(o) form when pbs dependant apply alone as a main applicant

[Gladiator9999]

In my case, I have absences for leave which is granted after 11 Jan 2018 and also long absenses for leave granted before 11Jan 2018.

So in section 6.2(Set(0)), i need to mention only absenses which are for leave after 11 Jan 2018 and no need to mention absenses which are for leave before 11 Jan 2018.

Is my understanding correct?