Regarding continuous residency for ILR for PBS

[vinny]

Hello All,

I wouldn't like to apply ILR for my wife and son who is currently having PBS dependent visa. I have received my ILR in 2019 based on Tier-2 PBS and my wife came to U.K. in June 2014( 15th June 2014). She had extension twice as follows and her out of country situations is as follows:

1st U.K. Entry Visa Issues- 05/06/2014 and valid for Feb 2016 and Entered in U.K. 15/06/2014
2nd PBS extension 15/01/2016-11/02/2019
3rd PBS Extension 31/01/2019-30/01/2022

Out of the country as follows:
01/08/2014-03/08/2014- Paris
28/03/2015-04/09/2015-India
08/07/2016-21/05/2017- India due to Pregnancy and complications during our 1st baby boy delivery. There was an operation which cause some complications and travelled now allowed for 6 months.
21/10/2017-03/01/2018- India
08/03/2019-03/04/2019-India Holiday
21/02/2020-02/07/2021- India after our 2nd baby born in U.K and she went there to stay for 1/2 months but stuck due to Covid and travel banned and lockdown.

So considering above dates we had extended 3rd time so that she can complete her 5 years and we were suppose to apply in 2020 but we didn’t.

We are calculating her 5 years stay from 15/01/2017 to 15/01/2022 but this this period two times she went to India for more than 180 days. One due to pregnancy and complications and 2nd due to Covid so we would like some help and advise whether we can apply for ILR and can be Covid restrictions and travel banned will be consider to waive the 180 days or not?

So if any one can review our case and advise then it will be really helpful. Thanks

Regards
Rajeev

You may be right. It seems that she was eligible for ILR since around 05/06/2019? Why didn’t she apply prior to leaving on 21/02/2020?

If her continuous residence was broken afterwards, then I’m unsure how they would treat that? Does it need to be also unbroken at the date of the application? Or is it okay to have completed her 5 years beforehand?

I think that it may be prudent to collect all the evidence so that they may consider her continuous residence to be unbroken at all?

Apply as a partner (dependant on a work visa).

[RajeevP]

Hi Vinny,
She didn't reply in 2019 because she was we were not aware about that rules of 11th Jan 2018 that the absence before that will not count and therefore we thought that we would apply in 2020. Also my wife was pregnant in 2019 and we were expecting our baby in NOV OR DEC 2019 in UK.

Regards,

[KVP]

Continuous Residence guidance:

https://assets.publishing.service.gov.u ... idence.pdf

As per guidance above, my understanding is as below.

1) Qualifying period (i.e. 5 years) is calculated backwards, say for example, from "Date of application".

Page 15:
You must count backwards from whichever of the following is most beneficial to the
applicant to see whether they meet the qualifying period:
• the date of application
• any date up to 28 days after the date of application
• the date of decision
• for a person seeking settlement on the UK Ancestry route, the date of their
last grant of permission


2) So you have to declare all the absences which occurred since from the date of Dependent VIsa Extension on 30/01/2019.
Refer Page 24: Calculating the length of absences

3) Also I see

Page 25:
Some permitted absences do not count towards the 180-day absence total.

Page 26:
Section: Travel disruption due to a natural disaster, military conflict or pandemic
Section: Absences: compelling and compassionate personal circumstances

In light of above, you need to prove that the applicant had difficulty in travelling for at least around 310 days excluding the allowance of 180 days (490-180=310).

Refer the following link. You can find number of circulars from Indian Govt banning commercial flights. Try to verify if it will cover for minimum of 310 days consistent with your personal circumstances.
https://www.dgca.gov.in/digigov-portal/ ... ovid19.jsp

If I were in your spot,
1) I would include all possible evidence which hampered applicant's travel back to UK.
2) Also I would prepare myself for plan B (i.e. continue to extend PBS dependent visa "on time" in case of negative ILR outcome).

Warning: Above is my understanding and it may be completely wrong. I have not gone through the guidance/rules completely.

[RajeevP]

Hi Thanks KVP,
Much appreciated your help for that circular’s docs. My wife had 4 month bed rest due to infections Hepatitis from 14th June to 20th Sept 2020. We have received the medical certificates from docs so we can attached. After that my done was infected then my infant order and then me. So we all family member had a difficult time from 2020 June to April 2021.

We will try to attached these circulars along with medical certs. I hope this is justifiable.


While I am filling the form I have couple of doubts, can you please help me to clear this:

1) I am filling for my wife Set(o) for and ask what category is- Skilled worker, Tier 2, International sports dependent or Skilled worker, Tier 2 International sports ?

2) for Employer’s license no- My previous COS had the license no but after getting my ILR, my employer had asked me that do I need any sponsorship and I said no and now I am using and filling with last employer’s license no it says this is not matching so what I supposed to do no? Should I leave the blank and attached the COS docs of previous details for docs proof of my Tier 2 general?

3) for absence after 11th Jan 2018, as my wife visa was extended on 30th Jan 2019 and she had absence continuous lily from Feb 2020 to 1st July 2021 so should I split this absence into two year from Feb 2020 to Jan 2021 and then Jan 21 to June 21? Or I should only declear the absence which was required upto qualify period ( from June 2014 to June 2019) and show the absence only in 2019?

4) what will be ownership of property for dependent- As the rent agreement is in my name and she is my dependent and she hasn’t got any income so can she mention livi g with family or it rent? She has added in the council tax bills but not sure.

5) for queries- Have you previously lived in a country outside the U.K. including your country of birth? She was in india from by birth and she came to U.K. in 2014 so I believe I can say yes and out from her date of birth to 2014 isn’t?

6) for docs, in the list it’s says current Biometric of applicant( dependent) but in another docs it asked for evidence of immigration status in the U.K. so we are not sure what docs we can provide for that? Is that cohabitation docs to proof of address and stay or again biometric?

Thanks for your help and clarification for above point.

[KVP]

Since you have many more questions, let Seniors or other members reply to those. i just wanted to help you on "Absences" part.

For your 3rd question: How do you believe your qualifying period ( from June 2014 to June 2019) ? Have you read the Guidance or the first point in my previous reply?

[RajeevP]

Hello Team,
For point 2 of my above queries for sponsor license no can you please advise. I have checked with my employer and they informed me that as all sponsored employees has achieved the required stats of ILR including me and therefore they didn’t renew the license and therefore when I was filling the form with previous license no it was not taking.

So should I leave that space blank and just attached the previous certificates of sponsorship and my Tier 2 General extension approved letter as a part of docs and mentioned in my cover letter? Is that ok and should not be a problem for my wife ILR?