Tier 2 Dependent - ILR Continuos More than 180 days

[sunny007]

Hello Seniors,

My question is can i Divide the absences more than 180 days in 2 years.
Suppose : if my dependent is outside the country more than 8 months continuous, so can I divide those 8 months in two years, like 4 months in 1 year and than count 4 months leave in second year? or this will break the continuity?

[vinny]

Also depends on the date of application.

(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);

[sunny007]

Also depends on the date of application.

(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);

Hi Vinny

Thanks for your reply, but I'm still not cleared.
I'll again break down 5 year Plan for my Dependent

Year 1 : 24-Oct-20 25-Oct-19 - Total Absences = 31 days
year 2 : 24-Oct-19 25-Oct-18 - Total Absences = 31 days
Year 3 : 24-Oct-18 25-Oct-17 - Total Absences = 31 days
Year 4 : 24-Oct-17 25-Oct-16 - Total Absences = 168 days
Year 5 : 24-Oct-16 25-Oct-15 - Total Absences = 162 days
All above leaves looks good and cover with in 180 day rule, but dependent is outside the country from 10 august 2016 to 10 April 2017 = Total days 243 days , so can i break that days in 2 years as mention above.? The date of application will be 24 or 25 October 2020

[vinny]

Seems possible.

[sunny007]

Seems possible.

Thanks Vinny

[vinny]

New Update! Previous changes to be deleted!

[bbreddy]

I am not aware of any rule for dependents - to be NOT away from the country for more than 180 days.

Is there any change to this?

We are in a similar situation as my wife has left the UK for maternity for more than an year and I have also switched my visa in this period.

Can you please advise if this has any impact on the ILR application? If no impact then she can apply in May next year. Else she has to wait for 3 more years

[CR001]

I am not aware of any rule for dependents - to be NOT away from the country for more than 180 days.

Is there any change to this?

We are in a similar situation as my wife has left the UK for maternity for more than an year and I have also switched my visa in this period.

Can you please advise if this has any impact on the ILR application? If no impact then she can apply in May next year. Else she has to wait for 3 more years

It is always better to open your own topic or continue in one you already have with your questions. There is no absence limit for PBS dependents. Do click on the links that vinny has provided.