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Absence after 11 Jan 2018 and Ex.visa issue date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jafersadeq
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Absence after 11 Jan 2018 and Ex.visa issue date

Post by jafersadeq » Mon Dec 10, 2018 7:51 pm

Dear Gurus,
Tier 1 dependant (partner) is required to meet the 180 days absence criteria, my wife's visa issue date (extension) was on 17/05/2018 and she had absence about 16 days in April 2018, and she has absence after her visa extension.
Do the HO count the absence between 11/1/2018 and 17/5/2018 or just the absence after 17/5/2018?

Thanks

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cyclina1
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Hong Kong

Re: Absence after 11 Jan 2018 and Ex.visa issue date

Post by cyclina1 » Mon Dec 10, 2018 10:54 pm

they count all absence from 11 jan 2018, no matter you renew the visa on may 2018 or not, and counted in rolling manner. so since 11 jan 2018, if leave the country more than 180 days, the continuous residency broken and clock reset to zero.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Re: Absence after 11 Jan 2018 and Ex.visa issue date

Post by cyclina1 » Mon Dec 10, 2018 10:56 pm

So from your information provided, your partner's continuous residency has been broken (absent more than 180 days since 11 jan 2018) and the clock reset to zero.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

jafersadeq
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Joined: Sat Jun 20, 2015 2:14 am
Location: LONDON
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Re: Absence after 11 Jan 2018 and Ex.visa issue date

Post by jafersadeq » Tue Dec 11, 2018 8:27 am

cyclina1 wrote:
Mon Dec 10, 2018 10:54 pm
they count all absence from 11 jan 2018, no matter you renew the visa on may 2018 or not, and counted in rolling manner. so since 11 jan 2018, if leave the country more than 180 days, the continuous residency broken and clock reset to zero.

cyclina1 wrote:
Mon Dec 10, 2018 10:56 pm
So from your information provided, your partner's continuous residency has been broken (absent more than 180 days since 11 jan 2018) and the clock reset to zero.
Many thanks,
No, she did not exceed the 180 days, she has only 16 days as I specified already.
I asked that question because many moderators ask about visa issue date if it is before or after 11 Jan 2018, so the right thing is if the PBS dependant has a valid visa after 11 Jan even if the issue date is before 11 Jan, or after 11 Jan, s/he has to meet the 180 days criteria.

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CR001
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Re: Absence after 11 Jan 2018 and Ex.visa issue date

Post by CR001 » Tue Dec 11, 2018 8:50 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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