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CR001 wrote:1. You can continue to extend your Tier 1 General dependent visa IF your husband got his ILR based on Tier 1 G and 5 years residence. If he got his ILR based on 10 years long residence, you have to switch to spouse visa on FLR(M).

2. If you apply from India, it is a new entry clearance visa NOT an extension. You should either postpone your trip or apply for your extension before you travel.

CR001 wrote:You cannot 'renew' from abroad. It will be a 'new entry clearance visa'.

On what basis did your husband get ILR?

How long will you be away for?

konda.manasa wrote: ↑

Sat Jan 16, 2016 7:46 pm

Dear Sir/Ma'am,

I am resident of India. I am on TIER 1 (GENERAL) PARTNER Visa and staying in UK since Sep 2013. My husband has got his ILR at UK in May, 2014. My visa is getting expired this June 2016. I am travelling to India this Feb 2016. I would like to renew my visa, please clarify me the below questions:

1. Do I need to renew my visa for TIER 1 (General ) Partner Visa or DEPENDENT ILR as my husband holds an ILR now?
2. Can I apply renewal of my Visa from India?

I appreciate your detailed valuable suggestion.

Thanks

vinny wrote: ↑

Tue Mar 27, 2018 10:33 am

konda.manasa wrote: ↑

Tue Mar 27, 2018 9:11 am

vinny wrote: ↑

Mon Jan 08, 2018 10:32 am

changes

Please click on the above link for more information on dependants.

vinny wrote: ↑

Mon Jan 08, 2018 10:32 am

Big changes to continuous residence rule for ILR applicants > HC309, in effect from 11 January 2018.

6A.3 wrote:In paragraph 245AAA(a), for:
“(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);”,

substitute:

“(a) References to a “continuous period” “lawfully in the UK” means, subject to paragraph (e), residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:
(i) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose;”.

Changes to continuous residence rule for ILR applicants wrote:....

The difference is subtle but significant. It will mean that an application for ILR could be refused if at any point over the five years the 180-day limit is exceeded in any 12-month period. Absences are calculated on a rolling basis, instead of in fixed blocks.

To go back to the example above, if the applicant had spent seven months outside of the UK between October 2014 and April 2015, under the current rules their continual residence would not be broken: by applying on 10 January 2018 they could divide the absences across two different 12-month blocks. Under the new rules, the application is likely to be refused as the applicant was absent for over 180 days over a-12 month period.
...
Unlike the high profile changes to the absence criteria for ILR dependants announced at the same time, this new formula for calculating continuous residence will, in effect, be retrospective. Anyone applying for ILR on or after 11 January will be caught by it.

Big changes to continuous residence rule for ILR applicants wrote: In the explanatory memorandum, the Home Office refers to this as a “minor change”. Quite the contrary. It will have massive ramifications for anyone who travels frequently out of the UK and has been carefully planning their trips abroad over the last few years to keep within the current rules.
....

National Law Review wrote:The 180 days’ absence from the UK will now be calculated on a 12-month rolling basis (under the current rules absences are calculated in 12-month periods counting back from the date of the ILR application).

See also Exceptional cases.

konda.manasa wrote: ↑

Tue Apr 03, 2018 8:56 pm

Hi Vinny,

So now according to the new rule, if I apply to ilr this September. It means that from August 2017 to September 2018 I can't stay out of country continuously for more than 180 days during this period? Please, correct me if I am wrong.

Thanks,
Manasa

vinny wrote: ↑

Sat Mar 31, 2018 11:42 pm

vinny wrote: ↑

Tue Mar 27, 2018 10:33 am

konda.manasa wrote: ↑

Tue Mar 27, 2018 9:11 am

vinny wrote: ↑

Mon Jan 08, 2018 10:32 am

changes

Please click on the above link for more information on dependants.