5 year period of continuous stay for PBS Dependent

[bhagsred]

I need your assistance on Indefinite leave to remain eligibility for PBS dependent.

As per the immigration rules for dependent partners of PBS migrants, who were granted entry clearance on November 2013, must complete a 5 year probationary period to qualify for ILR.

Should the 5 year period of continuous stay for PBS Dependent applicant be calculated based on the guidance "Indefinite leave to remain: calculating continuous period in UK" (link below)?
https://www.gov.uk/government/uploads/sy...

My wife and kid got the entry clearance as PBS dependents on 01/11/2013 and travelled to UK in 06/03/2014.
She went back to home country (India) again on 09/01/2015 for maternity and returned on 11/03/2016. This was a full stretch of more than 1 Year.
Below is the full breakdown of her leaves.

01/11/2013 – 06/03/2014 : absence 126 days
09/01/2015 – 11/03/2016 - absence 425 days (Maternity Leave)
17/12/2017 – 06/01/2018 - 20 days absence
06/01/2018 – 01/11/2018 - 0 days absence (assuming).

Now my question is whether she will be eligible for applying ILR on 01/11/2018 or any issues might arise due to absence? The same rule applicable to kids also.

Thanks in advance.
Yours faithfully,

[cyclina1]

both are fine as the 180 days rule to PBS dependents is not retrospective.

[bhagsred]

Thanks a lot for the reply cyclina1.

I just saw one of the document in home office website "Family members of Points based system migrants, ver. 14.0" guidance for case workers published for home office, which clearly says there should not be more than 180 days gap to apply for ILR, refer to page 25 of the mentioned documents.

Where as another document "Indefinite leave to remain: Calculating continuous period in UK, ver. 17.0" Page 8, says differently.

Can you please let me know, which one to follow in calculating the continuous period.

Cheers,
Bhargav

[CR001]

Best to follow what the immigration rules state, as they over ride the 'guidance notes'.

See Immigration Rules Part 8 - 'Family Members of Relevant PBS migrants' - 319E(d)(ii)(d)(1)&(2).

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:
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(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),
(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, and
(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.