Immigrationboards.com

Hello all,

I got my ILR last year (on March 2018) based on Tier 2 General visa(5 year route). My wife has been staying with me in UK since May 2014 and she has completed her 5 years in UK with this visa. So, she would be eligible for ILR visa now. However, for the delivery of our daughter she was out of UK from November 2016 to October 2017. I understand that the 180 days continuous residence rule was introduced from January 2018. Does the following points imply that the continuous residence rule does not apply for her holidays before 2018 :
1) The latest guideline Calculating-continuous-leave-v18.0.pdf has the following appendix section:
PBS and Appendix W dependants

You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
Page 9 of 19 Published for Home Office staff on 29 March 2019
granted from 1 February 2015 to 31 January 2018, and an extension granted from 1
February 2018 to 31 January 2020, you must not count any absences before 1
February 2018.

2) Also, from https://www.gov.uk/guidance/immigration ... ly-members:

319E. Requirements for indefinite leave to remain

(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
(1) 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
(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.

Does these mean she is still eligible to apply for ILR now? Or is it too risky for her to apply for ILR now?

there is no absence limit for visas issued before 11th January 2018.

Hello CR001,

Thank you for your prompt response. My wife's current visa (PBS dependent) was issued on May 2018 when I switched over to ILR.
So, should I still mention all holidays over 2 weeks from May 2014 to present date in the section

Where did you spend time outside the UK for more than 2 weeks?

while filling the form?

ANY absence she had BEFORE her visa was granted in May 2018 is irrelevant!! You only state any absence from May 2018 when her last visa was granted.