Tier 2 PBS dependants ILR 180 days Rule

[sunny007]

Hello every one,

Could any one please update me regarding the new rule for PBS Dependent 180 days rule, Could any senior member please confirm me according to the following calculation, is my family is eligible for ILR ?
My family got First Visa on 12/06/2015 for 1 month period validity to collect BRP in UK,
BRP Valid from : 16/06/2015 to 10/11/2016
Extention Validity :02/07/2016 to 28/08/2019
Next expected extention : 2019 to 2022
First entry to UK 27 June 2015

Option 1: ( issue is in year 4 - you can see that Absence period is more than 180 days .i.e 239
Application date is 26 June 2020 ( as per first entry).
Year 1 : 26-June-20 - 27-June-19 - Total Absences = 0 days
year 2 : 26-June-19 - 27-June-18 - Total Absences = 37 days
Year 3 : 26-June-18 - 27-June-17 - Total Absences = 0 days
Year 4 : 26-June-17 - 27-June-16 - Total Absences = 239 days
Year 5 : 26-June-16 - 27-June-15 - Total Absences = 88 days


Option 2 : if i want to split 239 in to 2 years then I'll apply at 25 october 2020

Year 1 : 24-Oct-20 25-Oct-19 - Total Absences = 0 days
year 2 : 24-Oct-19 25-Oct-18 - Total Absences = 0 days
Year 3 : 24-Oct-18 25-Oct-17 - Total Absences = 37 days
Year 4 : 24-Oct-17 25-Oct-16 - Total Absences = 168 days
Year 5 : 24-Oct-16 25-Oct-15 - Total Absences = 162 days

What's the best possible date to apply for ILR as per above dates?

https://assets.publishing.service.gov.u ... .0-EXT.pdf
I've found the following information(Page 8 of 19) from the above UKBA link. but not sure

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. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.

If absence rule is not implementing for the dependents before 1 jan 2018 then i think my dependent can apply 16/06/2020 / can submit a settlement application up to 28 days before they would
reach the end of the specified period.?

[cyclina1]

All absent before 11 jan 2018 would not count and the 180 days rule wouldnot apply. so no need to worries.

[sunny007]

All absent before 11 jan 2018 would not count and the 180 days rule wouldnot apply. so no need to worries.

Thanks cyclina1

[sunny007]

Hello every one,

Could any one please update me regarding the new rule for PBS Dependent 180 days rule, Could any senior member please confirm me according to the following calculation, is my family is eligible for ILR ?
My family got First Visa on 12/06/2015 for 1 month period validity to collect BRP in UK,
BRP Valid from : 16/06/2015 to 10/11/2016
Extention Validity :02/07/2016 to 28/08/2019
Next expected extention : 2019 to 2022
First entry to UK 27 June 2015

Option 1: ( issue is in year 4 - you can see that Absence period is more than 180 days .i.e 239
Application date is 26 June 2020 ( as per first entry).
Year 1 : 26-June-20 - 27-June-19 - Total Absences = 0 days
year 2 : 26-June-19 - 27-June-18 - Total Absences = 37 days
Year 3 : 26-June-18 - 27-June-17 - Total Absences = 0 days
Year 4 : 26-June-17 - 27-June-16 - Total Absences = 239 days
Year 5 : 26-June-16 - 27-June-15 - Total Absences = 88 days


Option 2 : if i want to split 239 in to 2 years then I'll apply at 25 october 2020

Year 1 : 24-Oct-20 25-Oct-19 - Total Absences = 0 days
year 2 : 24-Oct-19 25-Oct-18 - Total Absences = 0 days
Year 3 : 24-Oct-18 25-Oct-17 - Total Absences = 37 days
Year 4 : 24-Oct-17 25-Oct-16 - Total Absences = 168 days
Year 5 : 24-Oct-16 25-Oct-15 - Total Absences = 162 days

What's the best possible date to apply for ILR as per above dates?

https://assets.publishing.service.gov.u ... .0-EXT.pdf
I've found the following information(Page 8 of 19) from the above UKBA link. but not sure

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. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.

If absence rule is not implementing for the dependents before 1 jan 2018 then i think my dependent can apply 16/06/2020 / can submit a settlement application up to 28 days before they would
reach the end of the specified period.?

Can any senior member please confirm , whats the eligible date of ILR for my family,
I'm going to apply family 3rd extension after my ILR which is obviously after 1 January 2018.

[sunny007]

Good morning,

can i apply for my family ILR in next year 1 June 2020? I'm going to apply for there 3rd extension in June 2019 to June 2022. so they can complete their 5 years in June 2020. Am i correct that there previous absences before 1 January 2018 will not be count and only absences after 1 January 2018 will be counted? even though their 3rd extension is started from 2019 to 2022?

Can any one please confirm?

[CR001]

can i apply for my family ILR in next year 1 June 2020?

They can apply for ILR no sooner than within 28 days before the 5th anniversary of the initial visa ISSUE date.

I'm going to apply for there 3rd extension in June 2019 to June 2022. so they can complete their 5 years in June 2020. Am i correct that there previous absences before 1 January 2018 will not be count and only absences after 1 January 2018 will be counted? even though their 3rd extension is started from 2019 to 2022?

As has already been advised if you read your thread again, ANY absence before 11th January 2018 does NOT count. Only absences for visas issued on or after 11th January 2018 count.

[sunny007]

can i apply for my family ILR in next year 1 June 2020?

They can apply for ILR no sooner than within 28 days before the 5th anniversary of the initial visa ISSUE date.

I'm going to apply for there 3rd extension in June 2019 to June 2022. so they can complete their 5 years in June 2020. Am i correct that there previous absences before 1 January 2018 will not be count and only absences after 1 January 2018 will be counted? even though their 3rd extension is started from 2019 to 2022?

As has already been advised if you read your thread again, ANY absence before 11th January 2018 does NOT count. Only absences for visas issued on or after 11th January 2018 count.

Hi CR001 Thanks for your confirmation.