181 days out of country

[tbnag]

Hi Experts,

I am little confused with 180 days rule implemented recently.

Does this rule only apply to dependent visas issued after 11th Jan 2018?
or
Does it apply to everyone and if anyone with prior (ie. <2018) absences of 180 days not eligible for ILR after 5 yrs?
or
Does it apply to everyone and people with dependent visa issued before 11th Jan 2018, need not worry about earlier absences and should count 180 day absences happened after 11th Jan 2018?


Thanks!

[CR001]

See vinny's post (last one) in this topic below.

uk-tier-1-general-visas/breaking-180-da ... l#p1583765

Not sure why the updated guidance is quoting 27 October 2017, as it's inconsistent with the amended rules.

319E(d)(ii):

(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:

(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and
(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.

[tbnag]

Thanks for the reply Sir.

In our case the dependent visa granted on Mar-2015. So am i right in saying that, absences after 11th jan 2018 should only be counted when applying(to fulfill 180 rule) for ILR?

[iubus2005]

There is a lot of confusion about this new guidance. It could read as one of the following
a) anyone who got the original visa issued before Jan 11, 2018 doesn't fall under this cap (including may be future renewals). Only people who are applying for initial PBS Dependent visa since Jan 11, 2018 need to be aware or concerned about this
b) Only renewals and new applicants since Jan 11, 2018 need to worry about this
c) Regardless of the situation, any absences after Jan 11, 2018 need to be counted towards 180 day cap (earlier ones can be ignored) etc.

It will be great to get official clarification

[tbnag]

Hi Experts,

I am aware of the new rule where dependent should not be out of country for more than 6 months in a year.

They went out of country on 1st Nov 2017 and came back on 1st May 2018, which gives total of 181 days.
I know the new rule is implemented on 11th Jan 2018.
They first arrived UK on Apr 2015 and are eligible of ILR on Apr 2020. I am wondering if the new rule effects us.


Thanks!

[CR001]

It does NOT affect visa holders that got their visa BEFORE 11th January.

[CR001]

Topics merged!!!

[tbnag]

Thanks for the clarification.
I notice my dependents were out of country in 2016 for 7 months. Is there any other rule, that not allow to be out of country for over 6 months when we go for ILR?

Thanks!

[CR001]

No there is not any other rule for visa holders BEFORE 11th January 2018.

[tbnag]

Thank you so much for the clarification!!