PBS dependant absent 7 months and new rule

[sta]

Hi,
My wife is applying for ILR in Tier 1 (G) Dependant 5 year. We booked a premium appointment on 11 December 2017 for end of January.

It is the question about the absence. She was outside UK for 7 months in 2015. Jan 2015 to July 2015.

Based on the new absence rule will her application for ILR get rejected ?

Thanks a lot for help
sta

[marcnath]

Hi,
My wife is applying for ILR in Tier 1 (G) Dependant 5 year. We booked a premium appointment on 11 December 2017 for end of January.

It is the question about the absence. She was outside UK for 7 months in 2015. Jan 2015 to July 2015.

Based on the new absence rule will her application for ILR get rejected ?

Thanks a lot for help
sta

No. Only absences during the leave granted after 11 Jan 2018 is counted. So does not apply to your wife.

[sta]

No. Only absences during the leave granted after 11 Jan 2018 is counted. So does not apply to your wife.

Thanks marcnath for the quick update. Sorry I am not really convinced after seeing "vinny" comment in
Big changes to continuous residence rule for ILR applicants under PBS

...
To go back to the example above, if the applicant had spent seven months outside of the UK between October 2014 and April 2015, under the current rules their continual residence would not be broken: by applying on 10 January 2018 they could divide the absences across two different 12-month blocks. Under the new rules, the application is likely to be refused as the applicant was absent for over 180 days over a-12 month period.
...

Is this not applicable here? Or this one only for PBS main applicant? Or Am I understood wrong?
Thanks for support.

[marcnath]

This one is only for the main applicant.

There was a separate change for the dependants, but that is not retrospective.

[sta]

Thank you so much marcnath. Much appreciated your prompt support.

[sta]

This one is only for the main applicant.

There was a separate change for the dependants, but that is not retrospective.

But at the same vinny's post Big changes to continuous residence rule for ILR applicants under PBS says it is applicable to ILR dependants in effect, be retrospective

...
Unlike the high profile changes to the absence criteria for ILR dependants announced at the same time, this new formula for calculating continuous residence will, in effect, be retrospective. Anyone applying for ILR on or after 11 January will be caught by it.

[marcnath]

This one is only for the main applicant.

There was a separate change for the dependants, but that is not retrospective.

But at the same vinny's post Big changes to continuous residence rule for ILR applicants under PBS says it is applicable to ILR dependants in effect, be retrospective

...
Unlike the high profile changes to the absence criteria for ILR dependants announced at the same time, this new formula for calculating continuous residence will, in effect, be retrospective. Anyone applying for ILR on or after 11 January will be caught by it.

You misunderstood.

Vinny's thread was regarding the main applicant absence changes. So this above referred to the main applicant changes (which is retrospective)

[sta]

Thanks a lot for clarifying Marcnath.

I have another Qns on SET(O) 1/2018 when Tier 1(G) general dependant applying alone.

• Page 11: Section 2. Not filled as there is no dependant applicant.

• Page 20: Section 6. Is 6.2 table needs to be filled?

• Page 21: I think 6.3 evidence not relevant to Tier 1 G dependant.

• Page 23: 6.12. Please complete this section for all dependants who are applying. . Is this only for the dependant who mentioned in Section 2 or all applicant applying under PBS dependant category?

• Page 75: Section 12. 12A. All section 12, nowhere mentioned about any document specific to PBS dependant like cohabitation. Is it OK to click the last box(If you have a spouse or civil partner listed in section 2 ...) ? although it mentioned about the application who applying the same time.

• Page 76: Your Finances. Are they any minimum maintenance balance required?

NB: Please let me know if I need to create a new thread for this?

[marcnath]

Thanks a lot for clarifying Marcnath.

I have another Qns on SET(O) 1/2018 when Tier 1(G) general dependant applying alone.

• Page 11: Section 2. Not filled as there is no dependant applicant.

==> Correct

• Page 20: Section 6. Is 6.2 table needs to be filled?

==> I would say yes, even it will not have any impact on the decision.

• Page 21: I think 6.3 evidence not relevant to Tier 1 G dependant.

==> Correct.
If you fill 6.2, then check other and in the notes, mention it is not applciable

• Page 23: 6.12. Please complete this section for all dependants who are applying. . Is this only for the dependant who mentioned in Section 2 or all applicant applying under PBS dependant category?

==> Yes

• Page 75: Section 12. 12A. All section 12, nowhere mentioned about any document specific to PBS dependant like cohabitation. Is it OK to click the last box(If you have a spouse or civil partner listed in section 2 ...) ? although it mentioned about the application who applying the same time.

==> Yes

• Page 76: Your Finances. Are they any minimum maintenance balance required?

==> No minimums

NB: Please let me know if I need to create a new thread for this? ==> No

[sta]

Thanks again Marcnath. Just a couple of clarification.

Thanks a lot for clarifying Marcnath.

I have another Qns on SET(O) 1/2018 when Tier 1(G) general dependant applying alone.

...

• Page 23: 6.12. Please complete this section for all dependants who are applying. . Is this only for the dependant who mentioned in Section 2 or all applicant applying under PBS dependant category?

==> Yes
==> (1) Is this applicable only for the dependant mentioned in Section 2 or (2) Anyone applying as a PBS dependant category alone?

• Page 75: Section 12. 12A. All section 12, nowhere mentioned about any document specific to PBS dependant like cohabitation. Is it OK to click the last box(If you have a spouse or civil partner listed in section 2 ...) ? although it mentioned about the application who applying the same time.

==> Yes
==> Is cohabitation documents for last 2 years or 5years if the PBS dependant applying in 5year route?
...

[marcnath]

6.12 is for the dependants in Section 2 - in your case none.
Cohabitation is for 2 years

[sta]

Thanks a lot for the help Marcnath.

[sta]

Just a question, Indefinite leave to remain: calculating continuous period in UK Version 1 6 .0 at Page 11: Employment outside of the UK .
Is this applicable to PBS dependant as well or only to the main applicant?

[vinny]

I would expect so.