ILR dependant

[Manini87]

Hi,
My husband came to UK on a work Permit in 2007 and it got extended couple of times and in 2013 he got ILR.
I came to UK on a PBS dependent visa.First PBS dependent visa was issued in Jan 2012 with a validity till Dec 2012. But I came to UK in Sep 2012 and got visa extended from Jan 2013 till Dec 2015. I was in India from July 2014 till May 2015 for delivery of our first child. In Dec 2015, PBS dependent visa was extended from Dec 2015 till Nov 2018.

I am planning to apply for ILR Set (O) form.
However, my question is: Shall I qualify for the 2 year route (As the visa was before July 2012) or the 5 year route (As she came in Sep 2012)?
If it is the 5 year route: Will the absence be calculated? (As per the new rule, if the PBS dependent application is made after Jan 2018, then the 180 days absence rule comes to picture). In this case there is no clear guidance if the absence rule be applicable or not?

Thanks in advance for your suggestion.

Regards
Manini

[CR001]

You are on the two year route and could have applied for ILR ages ago.

There is NO absence limit for PBS dependent visa issued BEFORE 11th January 2018 so it DOES NOT apply to you.

[biswaraj2002]

I came to UK on a work Permit in 2007 and it got extended couple of times and in 2013 I got my ILR.
My wife came to UK on a PBS dependent visa. Her first PBS dependent visa was issued in Jan 2012 with a validity till Dec 2012. She came to UK in Sep 2012 and got her visa extended (While she was in the UK) from Jan 2013 till Dec 2015. She was in India from July 2014 till May 2015 for delivery of our first child. In Dec 2015, her PBS dependent visa was extended (While She was in the UK) from Dec 2015 till Nov 2018.

I am planning to apply for her ILR Set (O) form before her dependent visa expires.
However, my question is: Will she qualify for the 2 year route (As she was granted visa before July 2012) or the 5 year route (As she came in Sep 2012)?
If it is the 5 year route: Will the absence be calculated? (As per the new rule, if the PBS dependent application is made after Jan 2018, then the 180 days absence rule comes to picture). In this case there is no clear guidance if the absence rule be applicable or not?

Thanks in advance for your suggestion.

[CR001]

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[biswaraj2002]

Thanks.
Didn't realise that my wife has already posted it here.

Do you have any link to gov site which states this explicitly?
The 5 year calculation document contradicts itself:

https://assets.publishing.service.gov.u ... .0-EXT.pdf
At one place it states this:
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 Page 8 of 19 Published for Home Office staff on 06 July 2018
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.

Next paragraph it states:
Transitional Arrangements – rolling 12 month period
For settlement applications made from 11 January 2018, you must consider absences from the UK on a rolling basis, rather than in separate consecutive 12- month periods. If the applicants qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in separate 12-month periods, ending on 30 June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this

Thats why the confusion..
If there is any document that states that absence rule is not applicable prior to 2018 Jan, that would help.

Thanks.

[CR001]

Next paragraph it states:
Transitional Arrangements – rolling 12 month period
For settlement applications made from 11 January 2018, you must consider absences from the UK on a rolling basis, rather than in separate consecutive 12- month periods. If the applicants qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in separate 12-month periods, ending on 30 June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this

This paragraph, titled Transitional Arrangements rolling 12 month period, applies to main PBS visa holders and not dependents.

[Manini87]

You are on the two year route and could have applied for ILR ages ago.

There is NO absence limit for PBS dependent visa issued BEFORE 11th January 2018 so it DOES NOT apply to you.

Thanks for the confirmation.

[Manini87]

Next paragraph it states:
Transitional Arrangements – rolling 12 month period
For settlement applications made from 11 January 2018, you must consider absences from the UK on a rolling basis, rather than in separate consecutive 12- month periods. If the applicants qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in separate 12-month periods, ending on 30 June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this

This paragraph, titled Transitional Arrangements rolling 12 month period, applies to main PBS visa holders and not dependents.

Thanks again.
It is clear now.