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Regarding newly reinstated 180 day absence rule for PBS dependant

Posted: Mon Feb 26, 2018 1:48 am
by softsword
Dear people,

I entered UK in May 2010 on Tier 1 and now already on ILR.
My wife who entered UK as my dependant on 3 Nov 2012 and I am planning to apply for her ILR in first week of April as her visa expires on 28 Apr 2018.

The issue is, she was away from UK for 8 months from Sep 2016 to May 2017.

I was worried as her absence for more than 180 days would affect her going for ILR and posted a query here last year and the admins assured me that the 180 days limit does not affect the dependents and so she can go for ILR.

But now, I did read here that the 180 day calculation has been reintroduced for dependents as well. And I also read another post which mentioned that absence before 11 Jan 2018 does not count towards 180 days limit.

It is a bit confusing but I am really worried now.
Does this mean my wife cannot apply for ILR in April this year?

Re: Regarding newly reinstated 180 day absence rule for PBS dependant

Posted: Mon Feb 26, 2018 2:36 am
by vinny
Don't worry. The changes for PBS dependants are not retroactive. She should be okay.