PBS Dependant how 180 days outside UK calculated?

[premebe555]

I have copied the below statement from Home office Guidance., Can some one please explain me how is 180 days calculated for PBS dependents when they are applying ILR?

My understanding from below statement is,for PBS dependants,
1. This rule will only apply for the absence after 11,Jan 2018?
2. Example if PBS dependent was absent 180 days before Jan 11, 2018 is not considered or break the rule?



PBS Dependent:
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 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
January 2018.

Source: https://assets.publishing.service.gov.u ... 6.0EXT.PDF

Thank you very much for your help!

[CR001]

The new absence rule is ONLY applicable to PBS Dependent VISAS issued on or after 11th January 2018.

[premebe555]

Thanks for your reply., can you pls clarify below please

My wife got her visa issued before Jan 11,2018.,

That is., first PBS dependent Visa on May 2014 and
renewed on July 2015
and in April 2019 she will be eligible to apply for ILR.

Our worrying is., She took 181 days absence in 2017

14 March 2017 -to 18 March 2017 — 5 Days (europe tour)
21 May 2017 to 12 Nov 2017 - 176 Days (baby delivery in India)

Can you please tell me whether this wiIl affect he ILR Visa?

Thank you very much for your help.

[CR001]

The absence limit DOES NOT apply to her!!

[premebe555]

Thank you very much for your help.,

Can you please tell me which Visa application we should use to apply for ILR?

SET(O) for both of us?

[CR001]

Yes, Set(O).

[premebe555]

Hello everyone,

I am on Tier 2 General. My wife and me going to apply for ILR together. But my wife was outside UK 181 days during the year 2017.

Her last PBS dependant (Tier 2 General) Visa issued on July 2015. So I hope this 180 days calculation is not applicable for my wife as her Visa was issued before 11, Jan 2018 ?

Please need your immediate help to understand this.

PBS Dependent:

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 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
January 2018.


Thank you very much for your help!

[CR001]

Why are you asking the same questions again that has already been answered when you asked the question last year. Nothing has changed.

Topics Merged!!!

[CR001]

The absence limit DOES NOT apply to her!!

[premebe555]

Thank you I just want to confirm if any policies changed. Thanks