ILR for Tier 2 PBS Dependant (Spouse)

[nado4]

Hi there,

I currently hold an ILR (since 4 Nov 2019) which I got based on 5 years tier 2 General. I would like to apply for ILR for my husband who is still currently on the PBS Dependent visa. I would like to make a query about my dependent continuous residence.

His UK entry clearance (Tier 2 partner) was valid from 22/11/2014 until 1/11/2017. The renewed visa (PBS Dependant) was valid from 31/10/2017 until 15/11/2020. The problem is that he spent more than 180 days outside the UK in 2015, 2016, 2017 and 2018. This was mainly due to his father being unwell.

He spent most of 2019 and the current 2020 in the UK. My question is considering the continuous residence requirement that was extended to partners since January 11 2018, can he apply for ILR eventhough he was out of the UK for more than 180 days in 2018 or do we have to apply to extend his visa?

Also if he can apply should we use form Set(0)?

Thanks

[CR001]

There is no absence limit for those who have visas issued BEFORE 11th January 2018.

It has nothing to do with when the absence was and everything to do with the date the last visa was issued.

[seagul]

. My question is considering the continuous residence requirement that was extended to partners since January 11 2018, can he apply for ILR eventhough he was out of the UK for more than 180 days in 2018 or do we have to apply to extend his visa?

Also if he can apply should we use form Set(0)?

Thanks

If your application was made before 11th January 2018 despite approved later then might not be subject to 180 days absent threshold.

[CULLINAN]

“If you have been outside of the United Kingdom for more than 180 days in a consecutive 12 month period, you will need to start the qualifying period for settlement again. This does not apply if this was during leave granted before 11 January 2018. You should therefore pay careful attention to your absences from the United Kingdom if it is your intention to apply for settlement.“

https://assets.publishing.service.gov.u ... 2-2020.pdf

[CULLINAN]

You are lucky you got 3 replies confirming the same all @931!!

As always CR001 beat us all!

[nado4]

There is no absence limit for those who have visas issued BEFORE 11th January 2018.

It has nothing to do with when the absence was and everything to do with the date the last visa was issued.

Sorry just to make sure I understand correctly ... so since the last visa was issued before 11 Jan 2018, and even if it was valid beyong 11 jan 2018, the absence limit does not apply since the visa was issued before 11 jan 2018.

[CR001]

There is no absence limit for those who have visas issued BEFORE 11th January 2018.

It has nothing to do with when the absence was and everything to do with the date the last visa was issued.

Sorry just to make sure I understand correctly ... so since the last visa was issued before 11 Jan 2018, and even if it was valid beyong 11 jan 2018, the absence limit does not apply since the visa was issued before 11 jan 2018.

Correct yes.

[nado4]

Thank you for your help!