ILR Clarification For PBS Dependant

[pmetliam]

Hello -

I am a British Citizen now. I became a british Citizen last year via Tier 1 General for 5 years and then was on ILR for 1.5 years and then got my British Citizenship through naturalisation.

Now my wife situation is as follows -

She is on a PBS Dependant Visa. Below are the # of days she was out of the country

First UK Entry - 26/01/2013
Holidays - 10/2013 to 10/2014 = 340 days
Holidays - 10/2015 to 01/2016 = 98 days
Holidays - 03/2016 to 04/2016 = 31 days
Holidays - 10/2017 to 02/2018 = 110 days

In total she has been out of the country for 579 days.

Until recently, i believed that she was not eligible for ILR as she was out of the country for more than 180 days in a 12 month period.

Sorry if this is a repetitive question, But
With the new rules in place published during Jan 2018, can you all confirm that she is eligible for an ILR now (assuming i can disregard all the holidays taken after ?

1. Is she eligible for an ILR now ?
2. Can i disregard all the days she was out of the country before Jan 2018 ?
3. Shoudl i mention all absent days in the application form or just the absent days from Jan 2018 ?
4. So i use SET-O form for my wife's ILR Application ?

[CR001]

1. She was eligible in January.

2. Yes

3. If it asks for it then yes.

4. Yes.

[pmetliam]

1. She was eligible in January.

2. Yes

3. If it asks for it then yes.

4. Yes.

Dear CR001,

Thank you for your response.

[pmetliam]

Can anyone else confirm this for me please ?

[pmetliam]

Now clarifications in the form.

I am already a British. So i am not going to apply and my wife is going to apply on SET-O (PBS Dependent on 5 year Route).

Should i fill in the below sections ?

Section 6 - Immigration history

6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
6.2 Since then have you had any absences from the UK? If yes, give the dates you left and
returned to the UK and the reason for the absence in the spaces below. List all absences
however short and in date order. If you need more space, continue on a separate sheet and
enclose it with your application.
6.3 What evidence has been provided to support the reasons for all absences from the UK?
6.4 When did you last enter the UK?
6.5 Did you last enter the UK using a valid passport or travel
document?
6.6 Do you currently have valid leave to enter or remain in the UK?
6.7 What date was your last period of leave valid until?
6.8 Was there a reason beyond your control why you did not apply before your leave to remain
expired?
6.9 What evidence of leave stated in 6.6 has been provided?

Should my wife fill in her details for the above questions in Section 6 from 6.1 through to 6.9.
Need clarification as she is applying as a PBS Dependent and i am not applying with her ?


ALSO, below is the extract from the document - Indefinite leave to remain: calculating continuous period in UK


PBS dependants
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences.


Should i list all my absenses which at some point is 340 days with reasons in 6.2 and 6.3 ?
I am not that bad in english, But still having difficulties in understanding the form.



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Now comes the second set ?

6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.

6.13 Does the period of stay on which this application was based include any leave granted
since 11 January 2018? If yes, go to next question. If no, go to section 7.

6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?

If my wife filled in her details from 6.1 to 6.9, then Should my wife fill in her details for the above questions in Section 6 from 6.12 through to 6.14. Need clarification as she is applying as PBS Dependent and i am not applying with her ?



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And regarding Cohabitation Proofs - My wife is not working - I don't think there is much we could provide as proof for this. Is this mandatory ?? Any thoughts on this ?

Thanks in advance for your response.

[CR001]

Your wife is the main applicant on set O and the questions need to be answered as required.

[pmetliam]

Your wife is the main applicant on set O and the questions need to be answered as required.

Sorry, But can you please clarify this -

1. Should i answer 6.1 to 6.9 as well as 6.12 to 6.14 ?
2. If I just have to answer from 6.1 through to 6.9, then in the absences section, should i mention all absences taken before 11th Jan 2018 as well (as the application is for a PBS Dependant whose intial leave was granted in 2013) ?
3. Questions 6.13 and 6.14 (refer the note below) deal with absences before Jan 2018. As per the guidance, if absences for PBS dependant's doesnt have to be included (or cosidered)then Why were these things not mentioned in questions between 6.1 and 6.9 as my wife is applying SET-O as an PBS Dependant ?
4. Even though iam a PBS dependant, and while filling the form as a main applicant (and no one else is going to apply with my wife), why does the Question 6.12 (refer the note below) say "6.12 When did you (the dependant) first enter the UK? ", i dont understand the point why does it day "when did YOU "?? These are the bits that is confusing me.



Note :
6.12 When did you (the dependant) first enter the UK? This refers to the date you entered the UK at the beginning of the period of stay on which this application is based.
6.13 Does the period of stay on which this application was based include any leave granted since 11 January 2018? If yes, go to next question. If no, go to section 7.
6.14 Have you had any absences from the UK during any leave granted since 11 January 2018?

[pmetliam]

Your wife is the main applicant on set O and the questions need to be answered as required.

Can you respond to my above query please ?

[CR001]

Please don't yellow highlight text, it is difficult to read.

1. Should i answer 6.1 to 6.9 as well as 6.12 to 6.14 ?

6.1 and 6.2 you can answer this yes. 6.3 No. 6.4 to 6.9 Yes. 6.12 to 6.14 you can complete too or only this one. It really doesn't make that big a difference.

2. If I just have to answer from 6.1 through to 6.9, then in the absences section, should i mention all absences taken before 11th Jan 2018 as well (as the application is for a PBS Dependant whose intial leave was granted in 2013) ?

You can yes.

3. Questions 6.13 and 6.14 (refer the note below) deal with absences before Jan 2018. As per the guidance, if absences for PBS dependant's doesnt have to be included (or cosidered)then Why were these things not mentioned in questions between 6.1 and 6.9 as my wife is applying SET-O as an PBS Dependant ?

6.13 and 6.14 refers to when the dependent applies at the same time as the main PBS visa holder and main applicant completes 6.1 to 6.9.

4. Even though iam a PBS dependant, and while filling the form as a main applicant (and no one else is going to apply with my wife), why does the Question 6.12 (refer the note below) say "6.12 When did you (the dependant) first enter the UK? ", i dont understand the point why does it day "when did YOU "?? These are the bits that is confusing me.

See my answer in #3.