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Regarding newly reinstated 180 day absence rule 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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softsword
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Posts: 37
Joined: Thu Apr 16, 2015 3:40 pm

Regarding newly reinstated 180 day absence rule for PBS dependant

Post by softsword » Mon Feb 26, 2018 1:48 am

Dear people,

I entered UK in May 2010 on Tier 1 and now already on ILR.
My wife who entered UK as my dependant on 3 Nov 2012 and I am planning to apply for her ILR in first week of April as her visa expires on 28 Apr 2018.

The issue is, she was away from UK for 8 months from Sep 2016 to May 2017.

I was worried as her absence for more than 180 days would affect her going for ILR and posted a query here last year and the admins assured me that the 180 days limit does not affect the dependents and so she can go for ILR.

But now, I did read here that the 180 day calculation has been reintroduced for dependents as well. And I also read another post which mentioned that absence before 11 Jan 2018 does not count towards 180 days limit.

It is a bit confusing but I am really worried now.
Does this mean my wife cannot apply for ILR in April this year?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Regarding newly reinstated 180 day absence rule for PBS dependant

Post by vinny » Mon Feb 26, 2018 2:36 am

Don't worry. The changes for PBS dependants are not retroactive. She should be okay.
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