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Hi All,

My wife is due to apply for ILR through PBS Tier-1 Dependant. I have doubt about her continuous period in UK, since the rules has been changed recently.
"PBS dependants:
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11January 2018 towards the 180 days allowable absences.
For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January2018."

Here are the details of my wife stay in and out of UK:

(Note: All these years she is under PBS Tier -1 Dependant)

First Entry: 11-Nov-2012 - 25-Sep-2013
26-Sep-2013 to 17-Oct-2014 (Spent in India for Delivery) - 386 Days
18-Oct-2014 to 28-Apr-2015 (in UK)
29-Apr-2015 to 26-May-2015 (Spent in India Holidays) - 27 Days
27-May-2015 to 13-Dec-2016 (in UK)
14-Dec-2016 to 25-Dec-2016 Spent in India Holidays) - 11 Days
26-Dec-2016 to till date (in UK)

Total No of Days outside UK are: 423

Note: She does have her Tier-1 Dependent Visa until 26-08-2019.

Can she apply for ILR, considering the number of days spend outside? or When she can apply ILR?
Please help.

The 180 days absence limit DOES NOT apply to her.

Thanks for your quick reply CR001

One more question: As she is under Tier-1 Dependent, we need to use the SET (O) form is that right??

dharmavaramcr wrote: ↑

Mon Feb 19, 2018 12:25 pm

One more question: As she is under Tier-1 Dependent, we need to use the SET (O) form is that right??

Yes.

Hi,

I just want to be sure about which ILR form to be used for my Wife's ILR. Here is the situation:

My wife has joined me as PBS (Tier-1) Dependent in the year 2012 November.
She got extended her visa as PBS Dependent in year 2016 while I applied and granted ILR under Tier -1 5 years route at the same time.

Now I am planning to apply ILR for my wife. Could you please anyone help to assure which ILR form to be used??

Regards,
Chakri

Set(O) if she is PBS dependent. Set(M) is for the spouse route, i.e. she become your dependent after you get ILR.

dharmavaramcr wrote: ↑

Mon Dec 31, 2018 9:23 am

Hi,

I just want to be sure about which ILR form to be used for my Wife's ILR. Here is the situation:

My wife has joined me as PBS (Tier-1) Dependent in the year 2012 November.
She got extended her visa as PBS Dependent in year 2016 while I applied and granted ILR under Tier -1 5 years route at the same time.

Now I am planning to apply ILR for my wife. Could you please anyone help to assure which ILR form to be used??

Regards,
Chakri

Topics merged!!

You were already advised it is set O!!

Thanks for your reply once again