Apr2016 Guidance - PBS qualifying Period confusion

[t1s2010]

Posting query as I had more than 180 late entry in UK from entry clearance date.
My visa starts 1x-Dec-2010 and I landed 0x-Jul-2011 i.e. more than 180 days after issuance.

Continuous period calculation treatment has changed as per Apr 2016 guidance.

FAQs for ILR says

Q4 - When does my ILR qualifying period start?
According to the updated guidance (Apr. 2016), the qualifying period for ILR for all PBS categories starts from the date of issue of entry clearance / leave to remain (as the case may be). It does not matter whether you arrived in the UK within or after 90 days of entry clearance being issued. The days between entry clearance effective (issue) date and the date of entry in the UK will be treated as "absence from UK"

However, Apr 2016 guidanceon page 18 of 32 has a line which needs clarity -

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

I am of view that I need to start counting from the date I entered UK. Any views are helpful.

[CR001]

Date of Entry is the start in your case yes.

[t1s2010]

Thank you CR001. Makes more sense with expert's opinion.

[iworker]

@CR001
Would you know if this new rule will apply to PBS dependents as well?
If the dependent entered more than 90 days (less than 180 day) after the start of visa, would her 5 years qualifying time start from date of issue of visa or date of entry.

[CR001]

@CR001
Would you know if this new rule will apply to PBS dependents as well?
If the dependent entered more than 90 days (less than 180 day) after the start of visa, would her 5 years qualifying time start from date of issue of visa or date of entry.

The 90 days concession did not apply to PBS dependents, so I doubt the new 180 days concession will apply to dependents. For dependents (PBS or otherwise), the date of entry is the start of the qualifying period.

PBS dependents are not subject to the same absence limits as main PBS migrants.

[iworker]

Thanks. Makes sense.
Just a follow up, are the pbs dependents allowed to apply ilr 28 days before their 5 years qualifying period like the main applicants are allowed.
thanks.

[CR001]

Thanks. Makes sense.
Just a follow up, are the pbs dependents allowed to apply ilr 28 days before their 5 years qualifying period like the main applicants are allowed.
thanks.

Yes, the 28 days prior to qualifying applies to all routes under the UK Immigration rules.

[ssi112]

@CR001
Would you know if this new rule will apply to PBS dependents as well?
If the dependent entered more than 90 days (less than 180 day) after the start of visa, would her 5 years qualifying time start from date of issue of visa or date of entry.

The 90 days concession did not apply to PBS dependents, so I doubt the new 180 days concession will apply to dependents. For dependents (PBS or otherwise), the date of entry is the start of the qualifying period.

PBS dependents are not subject to the same absence limits as main PBS migrants.

Can you please provide me with a official guidance reference where I can find that Date of Entry is the start of qualifying period for the PBS dependent, as I could not find anywhere ?

[CR001]

Can you please provide me with a official guidance reference where I can find that Date of Entry is the start of qualifying period for the PBS dependent, as I could not find anywhere ?

It is in the Immigration rules, 5 years residence required. PBS Dependents who thought the 90 days concession applied to them and applied for ILR early have been refused and been left in a difficult situation with an expired PBS Dependent visa and not valid visa.

https://www.gov.uk/guidance/immigration ... ly-members

319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.