ILR through Tier-1(General) dependent after April 2018

[vsk106]

I am on Tier-1 (general) visa and I am eligible for ILR Dec 2016.
My spouse is my dependent since jan 2013 but as she was out of the country for pregnancy for more than 6 months(Feb 2013 - Jun 2014) and she will be eligible for ILR only by June 2019.

But now I understand that she can not apply for ILR (through Tier-1(General) dependent) beyond April 2018 and she has to spend additional 5 years on the visa FLR (M) once i get ILR, and her 2.5 yrs as tier 1 dependent is not considered.

Could someone please confirm this.

[vinny]

I think that your understanding is incorrect.

[vsk106]

Hi vinny,

Thanks for your reply. The given link has posts prior to April 2016. But i heard that rule has changed after
April 2016.Tier-1(General) dependent can not apply for ILR beyond April 2018 and previou spent period on Tier-1(General) dependent also does not count for ILR and again applicant has to spend 5 years on FLR (M) visa.

[vinny]

Her continuous leave may be broken after she spent more than six months per 12 consecutive months cycle outside the UK.

In paragraph 319E(d)(ii) insert after (c):
“In this sub-paragraph “continuous” means an unbroken period and for this purpose a period shall not be considered to have been broken in any of the circumstances set out in paragraph 245AAA(a)(i) to (iii).”.

But where did you see that a Tier 1 (General) dependant cannot apply for ILR as a PBS dependant after April 2018?

[vinny]

At end of paragraph 319E(d)(ii), delete:
“In this sub-paragraph “continuous” means an unbroken period and for this purpose a period shall not be considered to have been broken in any of the circumstances set out in paragraph 245AAA(a)(i) to (iii).”.

Changes relating to family members of relevant Points-Based System migrants
7.27. The Rules are amended to delete the definition of ‘continuous’ inserted by HC667 of 3 November 2016, for the purposes of the residence requirements applied to family members of relevant Points-Based System migrants applying for settlement.

[srivisaN]

Hi Vinny,

Does that mean they have removed the definition for "continuous" and confused us again

[vinny]

Yes.

[softsword]

Her continuous leave may be broken after she spent more than six months per 12 consecutive months cycle outside the UK.

Are you sure they continuous leave is broken for the PBS dependant here?
I read here that the 6 month rule does not apply for dependants. Is that not true?

[CR001]

Her continuous leave may be broken after she spent more than six months per 12 consecutive months cycle outside the UK.

Are you sure they continuous leave is broken for the PBS dependant here?
I read here that the 6 month rule does not apply for dependants. Is that not true?

It was implemented for PBS Dependents and then withdrawn in April this year. Read the whole thread where vinny confirmed this.

[vinny]

Reintroducing 180-day absence limit for PBS partners.

Extending the 180-day absence criterion for main ILR applicants under the points-based system to partners of the main applicants as well.

After paragraph 319E(d)(ii)(c), insert:
“(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.”.

The changes to Part 5 set out in paragraphs 5.13 to 5.15 and 5.18 to 5.19, to Part 7 set out in paragraphs 7.3 to 7.5 and 7.7, to Part 8 set out in paragraphs 8.20 and 8.36, and to Appendix Armed Forces set out in paragraph AF2. of this statement shall take effect on the commencement of Schedule 10 to the Immigration Act 2016.

Different elements of the changes take effect at different times, but most come into force between 28 December 2017 and 11 January 2018. The exception is the changes related to immigration bail, which take effect only upon the commencement of Schedule 10 of the Immigration Act 2016. That is to be “as soon as practicable“.

Changes to indefinite leave to remain in work categories

7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

[vinny]

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[vinny]

However, asam kindly pointed out a problem with:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):....

So, it may be safer to consider the start date of the qualifying period for ILR to be the date of entry.

[vinny]

Visa issue date
success.
success.
success.

[vinny]

Update.

[vinny]

Continuous residence for dependants

CR 3.1. Where the applicant is applying as a partner or child, and the person on whom they are dependent, was absent for a reason in CR 2.3., that period of absence will not count towards the 180 day limit in CR 2.1. or CR 2.2. when calculating the applicant’s continuous residence period.

CR 3.2. Where the applicant is applying as a partner or child and the person on whom they are dependent was absent during a period of permission granted before 11 January 2018, that period of absence will not count towards the 180 day absence in CR 2.1. or CR 2.2. when calculating the applicant’s continuous residence period if the person on whom they were dependent was on one of the following routes:

• (a) Tier 1; or
• (b) Tier 2; or
• (c) Tier 5 (Temporary Worker); or
• (d) Global Talent; or
• (e) Start Up; or
• (f) Innovator Founder.