CR001 wrote: ↑Wed May 30, 2018 11:37 am
sparkyram wrote: ↑Wed May 30, 2018 11:33 am
I guess you can apply on or after 1 st Jan 2019.
As you can split 180 days into two years and you can request case worker to use discretion on this .as the new 180 days rolling period calculation is effective from 11 Jan 2018 and you got your visa on 2013.
Lets wait for some more options from other members
No, absence can no longer be split into two years. The absence rules changed on 11th January and is retrospective, so any absence of 180 in any 12 month rolling period in the qualifying period for PBS main visa holders.
It is ONLY for PBS Dependent extension visas issued on or after 11th January that the rule is not retrospective.
Okay.. i may be wrong.. But since I saw similar kind of answer few days back in our forum in the below post i thought the discretion is allowed
indefinite-leave-to-remain/outside-the- ... l#p1587939
In the guidance, Under exceptional cases would this case not be considered as " exceptionally harsh consequences." due to new rule from 11th jan 2018, as per guidance below
You may also consider granting outside the rules if an applicant provides a letter
setting out reasons why they believe changes to how the 180 days are counted will
cause them exceptionally harsh consequences. From 11 January 2018, the rules
refer to absences in any 12-month period, whereas previously they referred to
absences in separate consecutive 12 month periods.
Decisions will vary depending on individual circumstances, but relevant factors may
include:
• when the periods of leave making up the continuous period were granted in
relation to the rules change of 11 January 2018
• the level and pattern of the applicant’s absences from the UK during each of
those periods of leave
• whether the consequences of a refusal would be exceptionally harsh, for
example whether it would not be possible for them to qualify for settlement at a
later date because they would be unable to apply for further extensions
You can only apply discretion when it has been authorised at senior executive officer
level.
