PBS Dependent ILR Application Absence
Posted: Sun Sep 30, 2018 12:29 am
Hi,
I myself is an ILR holder form year 2107 via Tier2 (General) SOC2124 route.
Now my wife needs to apply for an ILR visa as she have been on PBS dependent visa since Aug 2013.
However in year 2014-2015 she have stayed aboard for 11 months approx.
With this absence, does she qualify for an ILR application now or should we get further extension using FLR(M)?
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Link: https://assets.publishing.service.gov.u ... .0-EXT.PDF
Based on page 25/55 of the above document "Family members of points-based system migrants" published 6 July 2018 more than 180 days absence is not allowed.
However on page 28/55 of the same document Related external links, "Immigration Rules paragraphs 319AA to 319K" --- section 319E > section (d) > sub-section (d)(2)
States: "(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days."
*******************
Why the Home Office case worker is told on page 25 to refuse if any absence of more than 180 days but the further clarification is available in the related external link on page 28 stating not to refuse if absence is before 11 Jan 2018; very confusing?
Advice please, because we do not want a rejection and waste our time and visa fee....
I myself is an ILR holder form year 2107 via Tier2 (General) SOC2124 route.
Now my wife needs to apply for an ILR visa as she have been on PBS dependent visa since Aug 2013.
However in year 2014-2015 she have stayed aboard for 11 months approx.
With this absence, does she qualify for an ILR application now or should we get further extension using FLR(M)?
*****************
Link: https://assets.publishing.service.gov.u ... .0-EXT.PDF
Based on page 25/55 of the above document "Family members of points-based system migrants" published 6 July 2018 more than 180 days absence is not allowed.
However on page 28/55 of the same document Related external links, "Immigration Rules paragraphs 319AA to 319K" --- section 319E > section (d) > sub-section (d)(2)
States: "(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days."
*******************
Why the Home Office case worker is told on page 25 to refuse if any absence of more than 180 days but the further clarification is available in the related external link on page 28 stating not to refuse if absence is before 11 Jan 2018; very confusing?
Advice please, because we do not want a rejection and waste our time and visa fee....