Dear Moderators,
I am trying to understand the new ILR absence rolling over policy for dependents and getting different different feedback which creating lot of confusion. Therefore, from this forum, I am looking from all experts’ kind support to define the correct path. The below is the procedure as per my understanding:
• ILR qualification counting period for PBS dependent will start from the date of first entry to Uk as per Immigration entry stamp on vignette
• In new policy to qualify for ILR, an individual is permitted 180 days absence from the UK on rolling bases, rather than in separate consecutive 12-months period.
Example:
1. If dependent entered uk on 10th July 2018 and collected his BRP, then his ILR qualifying counting period will start from 10th July 2018 which is his first date of entry and will be ended on 09th July 2023 ( under Tier-1 Entrepreneur route) which is included two years extension period.
2. If he exceed 180 days absence on first year i.e for the period from 10th July 2018 to 09th July 2019 and entered UK after 280 days absence then 100 excess days (280-180=100) will be adjusted from his next year absence which mean next year from 10th July 2019 to 09th July 2020, he can stay outside maximum 80 days (180-100= 80) NOT 180 days considering this is called as rolling over procedure.
3. Each year excess absence will be adjusted to next year.
4. Similarly this counting will be continued till 5th years which is total eligible period in order to qualify for ILR through Tier-1 Entrepreneur route and his absence during this 5 year should not exceed 900 days (180x5=900 days) in overall. If his absence will exceed 900 days then he will be out from ILR
I am really struggling to understand this new rule. Therefore, your kind input will be really appreciated.
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