PBS dependent ILR qualifying period calculation

[bhagsred]

I need your assistance on Indefinite leave to remain eligibility for PBS dependent.

As per the immigration rules for dependent partners of PBS migrants, who were granted entry clearance on November 2013, must complete a 5 year probationary period to qualify for ILR.

Should the 5 year period of continuous stay for PBS Dependent applicant be calculated based on the guidance "Indefinite leave to remain: calculating continuous period in UK" (link below)?
https://www.gov.uk/government/uploads/sy...

My wife and kid got the entry clearance as PBS dependents on 01/11/2013 and travelled to UK in 06/03/2014.
She went back to home country (India) again on 09/01/2015 for maternity and returned on 11/03/2016. This was a full stretch of more than 1 Year.
Below is the full breakdown of her leaves.

01/11/2013 – 06/03/2014 : absence 126 days
09/01/2015 – 11/03/2016 - absence 425 days (Maternity Leave)
17/12/2017 – 06/01/2018 - 20 days absence
06/01/2018 – 01/11/2018 - 0 days absence (assuming).

Now my question is whether she will be eligible for applying ILR on 01/11/2018 or any issues might arise due to absence? The same rule applicable to kids also.

Thanks in advance.
Yours faithfully,

[bhagsred]

Hi,
I need your assistance on Indefinite leave to remain eligibility for PBS dependent.

As per the immigration rules for dependent partners of PBS migrants, who were granted entry clearance on November 2013, must complete a 5 year probationary period to qualify for ILR.

Should the 5 year period of continuous stay for PBS Dependent applicant be calculated based on the guidance "Indefinite leave to remain: calculating continuous period in UK" (link below)?

https://www.gov.uk/government/uploads/sy...

My wife and kid got the entry clearance as PBS dependents on 01/11/2013 and travelled to UK in 06/03/2014.

Below is the full breakdown of her leaves.

01/11/2013 – 06/03/2014 : absence 126 days

09/01/2015 – 11/03/2016 - absence 425 days (Maternity Leave)

17/12/2017 – 06/01/2018 - 20 days absence

06/01/2018 – 01/11/2018 - 0 days absence (assuming).

Now my question is whether she will be eligible for applying ILR on 01/11/2018 or any issues might arise due to absence? The same rule applicable to kids also.

Thanks in advance.

Yours faithfully,
B Bhargava NK

[bhagsred]

Any respond to the query please.

[bhagsred]

I just saw one of the document in home office website "Family members of Points based system migrants, ver. 14.0" guidance for case workers published for home office, which clearly says there should not be more than 180 days gap to apply for ILR, refer to page 25 of the mentioned documents.

Where as another document "Indefinite leave to remain: Calculating continuous period in UK, ver. 17.0" Page 8, says differently.


Dear all moderators,

Can you please let me know, which one to follow in calculating the continuous period. If you don't know, please comment the same..#


Cheers,
Bhargav

[Rambo_ILR]

Hi Bhargav,

My partner's ILR is also same in situation as yours...

Entry Clearance visa issued on 08/2013
First Extension: Nov 2014 (3 Years)
Second Extension: Nov 2017 (3 Years)

Absence:-
04/04/2015 to 11/05/2015 – Holiday (28 Days)
10/09/2015 to 27/09/2015 – Holiday (20 Days)
03/01/2016 to 14/10/2017 – Maternity (651 days)

But as per This it seems Ok.

Hope some other members can help.

Many thanks

[jafersadeq]

For dependants
5 years from the visa issue date
Any absence before 11 Jan 2018 wont be counted.
After 11 Jan 2018, 180 days absence in one year is allowed for ILR.
But
Any absence before and after 11 Jan 2018 will be counted for naturalization application, they count 450 days in 5 years, 90 days in the most recent year, that means 360 days in the other 4 years, so that will affect the naturalization application because there is no allowance in the 450 days for 5 years residence, but there is allowance in ILR.
Thanks

[zimba]

As repeated many times, PBS dependants who were granted visa before 11th Jan 2018 have NO absence limits

[Rambo_ILR]

Thanks Zima, Jafersadeq

[jilanivin]

I am also travelling in same boat and case looks much simple after researching mine, your spouse can 100% apply for settlement after completion of 5 years from date of grant of Entry clearance , as rightly mentioned my our senior member zimba , all absences prior to Jan 2018 are discounted.