Eligibility for ILR as a PBS Tier 2 Dependant

[Shalz2019]

Hi,
I wanted to clarify if the following is mandatory for all PBS Tier 2 Dependants:

To be granted Indefinite leave to remain as a partner of a PBS migrant, the applicant must

- have been living with the PBS migrant in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership for at least
- 2 years for applicants granted leave as the partner of a PBS migrant under the rules in place before 9 July 2012 and who have since had continuous leave in that category.
- 5 years- for applicants granted leave as the partner of a PBS migrant under rules in place on or after 9 July 2012, who have since had continuous leave in that category and during that period , have met all the requirements of paragraph 319C (a) to (e)

- not have been absent from the UK for more than 180 days in any 12 months period during the 2 to 5 year period.

[Shalz2019]

I had mailed my circumstances in a different thread previously as stated below and the response was that I should go ahead with ILR.

My husband was on a Tier 2 General visa since 2013 and qualified for IlR in April 2018.
I have held a Tier 2 dependent visa which was first issued on 01/08/2013 and valid until 02/04/2016.
I came to the UK on 25/10/2013 and had to return to India on 31/10/2013 as my brother’s wife passed away unexpectedly.

I had to stay on in India and returned to the UK only on 28/06/2014 ( Had been away for more than 180 days).

Since then I have not stayed outside the UK for more than 60 days.

My dependent visa was renewed again on 02/04/2016 and is valid until16/04/2019.

Will there be any consideration for the fact that I was away in India for more than 180 days due to a domestic emergency.

I am not clear whether I can make an application for ILR or should I renew my Tier 2 PBS Dependant visa.

Kindly advise.

[Shalz2019]

While checking for what documents I need to submit with my ILR application I came across the above conditions in the first message on this thread.

I’m quite confused as to whether I’m eligible for ILR or not.

Kindly advise.

Thanks in advance

[CR001]

There is no absence limit for PBS dependents whose have visas issued before 11th January 2018.