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Dependent ILR Absences

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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iubus2005
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Posts: 199
Joined: Thu Jan 05, 2012 5:29 pm
United Kingdom

Dependent ILR Absences

Post by iubus2005 » Sun Jul 16, 2017 8:01 am

Hi All,
I have a question about the ILR for my wife, which will be due in a few months (I got mine last month). I have read in many forum posts that the requirement for less than 180 days of absence is only true for main applicant (not the dependents). However, I cannot find any official documents / guidance where it states so. I found this link for FOI:
https://www.whatdotheyknow.com/request/ ... n_uk_befor

It makes sense. When everyone is applying together as the SET (O) section regarding absences is only relevant for main applicant. (i.e. you don't even need to detail our absences for the dependents).

However, when applying separately, the dependent becomes the Main Applicant in SET (O), and now her absences need to be listed. How do we verify this? Has anyone applied for ILR as dependent with more than 180 days absence?

Thanks for your help.

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CR001
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Re: Dependent ILR Absences

Post by CR001 » Sun Jul 16, 2017 11:23 am

There is no absence limit for PBS Dependents. Simply list them as required.
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Vpsrao.m
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Posts: 27
Joined: Mon Dec 08, 2014 9:18 pm

Re: Dependent ILR Absences

Post by Vpsrao.m » Tue Jan 02, 2018 9:06 pm

hi have you(i mean the PBS dependant) got the ILR with more than 180 days absence ?
I too sailing same boat, I am ILR and my wife and kid stayed more than 180days in PBS dep outside UK.

chiibe
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Re: Dependent ILR Absences

Post by chiibe » Tue Jan 02, 2018 10:22 pm

Please, can any of the Gurus clarify me on what this new rule means?? Regarding the abscences of a PBS Spouse/Partner?? Especially (2).... ???

https://www.gov.uk/government/uploads/s ... _Rules.pdf

At Pg 23.

8.33 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.”

vinny
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Re: Dependent ILR Absences

Post by vinny » Wed Jan 03, 2018 1:48 am

Explanatory Memorandum wrote: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.
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