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ILR - absense limit for PBS dependant

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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softsword
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ILR - absense limit for PBS dependant

Post by softsword » Mon Nov 07, 2016 11:38 am

Hi

I am on ILR since April 2015 and my wife entered UK in Nov 2012 and got her PBS Tier1 dependant extension in April 2015 valid until April 2018 at which time she will be completing her 5 years in UK and will be eligible for ILR.
Now my wife is in India for a few months and I would like to know if she can stay for more than 6 months there.
I learnt that for ILR, they cannot be absent from UK beyond a continuous 6 month period in a year.
Now my questions:
1. Does this 6 month rule apply to PBS dependants as well? How long can they stay out of UK in the 5 year period?
2. The 6 months absense, is it like 6 months in total including all the days she went out of country for holidays or 6 months max in any 1 year period?

Thanks in advance for the help.

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CR001
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Re: ILR - absense limit for PBS dependant

Post by CR001 » Mon Nov 07, 2016 12:16 pm

1. No, it does not apply to dependents.

Absences should be limited and for good reason. You will probably need proof of subsisting relationship during absence periods.
I learnt that for ILR, they cannot be absent from UK beyond a continuous 6 month period in a year.
You have 'learnt' or 'heard' wrong.
Char (CR001 not Casa)
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softsword
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Re: ILR - absense limit for PBS dependant

Post by softsword » Mon Nov 07, 2016 12:39 pm

Thank you for the quick response.
All my friends said otherwise and hence the confusion.
Is there any document where I can see this in words?

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Re: ILR - absense limit for PBS dependant

Post by iworker » Mon Nov 07, 2016 1:51 pm

There are certain areas, where the rules are interpreted as there is nothing written about them.. i.e., UKVI is silent on them.
This is one of those things.
Where the rules say main applicant cant be over 180 days outside, it doesnt say anything about PBS dependent, hence the interpretation.

softsword
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Re: ILR - absense limit for PBS dependant

Post by softsword » Mon Nov 07, 2016 2:42 pm

iworker wrote: Where the rules say main applicant cant be over 180 days outside, it doesnt say anything about PBS dependent, hence the interpretation.
What if the PBS dependant is going for the ILR seperately? In that case, she will be the main applicant right?

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CR001
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Re: ILR - absense limit for PBS dependant

Post by CR001 » Mon Nov 07, 2016 3:53 pm

softsword wrote:
iworker wrote: Where the rules say main applicant cant be over 180 days outside, it doesnt say anything about PBS dependent, hence the interpretation.
What if the PBS dependant is going for the ILR seperately? In that case, she will be the main applicant right?
Makes no difference because she is still a PBS DEPENDENT visa holder.
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Re: ILR - absense limit for PBS dependant

Post by softsword » Tue Aug 29, 2017 3:14 pm

Hi again.

"Absences should be limited and for good reason. You will probably need proof of subsisting relationship during absence periods."

What kind of proof do I need to present for this?

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CR001
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Re: ILR - absense limit for PBS dependant

Post by CR001 » Tue Aug 29, 2017 4:32 pm

Evidence of visits, phone calls, whatsapp and facebook chat screenshots etc.
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