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Is my spouse eligible for ILR?

Posted: Wed Jul 03, 2019 11:54 pm
by Vohram
Hi,
My tier 2 general visa was issued on Nov 2014 and I will be applying for my ILR in Oct 2019. The question is about ILR application for my wife.
After we entered the UK in Nov 2014 my wife left the country for 192 days in 2015 during pregnancy hence violating the 180 day rule.
My question is can I wife apply for ILR for my wife? I did read in the forum's that 180 days rule does not apply to individuals issued visa before July 2018. Can someone please confirm that. Also can you please print reference to official rule that spells this out.

Thank you

Re: Is my spouse eligible for ILR?

Posted: Thu Jul 04, 2019 2:45 am
by zimba
180 days rule does NOT apply to PBS dependants who were granted visa before 11 Jan 2018.

****Absence Limits Reinstated for PBS Dependents ****
7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.
Main source: Statement of changes to the Immigration Rules: HC309, 7 December 2017

Re: Is my spouse eligible for ILR?

Posted: Thu Jul 04, 2019 8:39 am
by Vohram
Thanks a lot Zumba!