ILR Dependant: How to answer “leave since 11 Jan 2018” when previous visa was Tier 4 Dependant?

[curious82]

I’m applying for ILR (5 Skilled Worker route) together with my wife as my dependant.

Our ILR qualifying period is March 2021 to Feb 2026.

Before that:

I was on a Student/Tier 4 visa since Jan 2017
My wife was my PBS/Tier 4 Dependant since then

She has been in the UK on dependent leave since January 2017

In the dependant section of the ILR form, she is asked:

• Does the period of stay on which this application is based include any leave granted since 11 January 2018?
  Have you had any absences from the UK during any leave granted since 11 January 2018?

My confusion:
These questions seem to ask about a period before the Skilled Worker qualifying period (2018–2021). Why does the Home Office need this information if those earlier absences do not count for ILR continuous residence? Also this question is not asked from me in the application.

What is the correct way to answer these two questions for a dependant who had Tier 4 Dependant leave before switching to Skilled Worker Dependant in 2021?

Thanks for any clarification!

[CR001]

For dependents, absences only count for any dependent visa granted AFTER 11 January 2018. Any absences before that date don't count and do not have to be declared.

Sonif she got a dependent visa extension at any time after that date in January 2018, then absence limits apply and absences must be declared..

So you have to answer yes as she got a dependent visa after that date

[curious82]

Thank you for the quick response.

I’m still a bit confused and would appreciate further clarification.

Let’s say my wife had around 600 days of absences between January 2018 and March 2021, during her time as a Tier 4 Dependant. Would this affect her ILR application now?

My understanding is that only absences during the actual ILR qualifying period (March 2021 to February 2026) should count towards the 180‑day rule. So, absences from 2018–2021 shouldn’t matter.

If that’s correct, then why is the Home Office interested in absences before the qualifying period at all?

Thanks again for your help.

[zimba]

Only absences in your ILR qualifying period matters. (i.e. the last 5 years)

That question simply asks you if you have had any visa granted after 11 Jan 2018. The word to pay attention is GRANTED. For example, a visa GRANTED in 2022, is GRANTED after 11 Jan 2018. They are NOT asking you to list absences since 11 Jan 2018 and they are NOT saying that your ILR qualifying period is counted since 11 Jan 2018.

[curious82]

Thank you for your reply.

I think I should go with your suggestions and add a line in the cover letter.

Thank you.

[zimba]

You do not need to tell UKVI how to interpret their own rules. They know the rules, they follow those rules. You do not need a cover letter