PBS Dependent Leave Query

[saliame]

Hi,

I have a query related to absences for the PBS dependent, if senior members can please advise:

My partner was granted T2 pbs dependent leave from april 16 to Aug 18, she went out of UK for 50 Days (from Aug 17 till Oct 17), then her visa was extended further for three years in Aug18, now she plan to go out for 70 Days from Nov18 til Jan19, and then again for 30Days in Nov19, just want to tick all the boxes that she doesn't exceed her absence limit, and how many days will she have left after Nov19?

I understand the absence limit is 180 Days, and she also cannot stay straight 90days out of the country, but please let me know, if there is anything eIse I should be aware of.

I also have UK born baby(dependent T2), I m certain his days outside UK wont have an impact, if I go for his nationality once i have ILR(far away).

Thanks in advance.

KR,

S

[CR001]

and she also cannot stay straight 90days out of the country,

Really? Where does it state this '90 days limit'??

I also have UK born baby(dependent T2), I m certain his days outside UK wont have an impact, if I go for his nationality once i have ILR(far away).

No it won't.

[CR001]

See 319E in the Immigration Rules link below.

https://www.gov.uk/guidance/immigration ... ly-members

[saliame]

Sorry, I didn't know, I m sure have read about it, maybe for some other category, well, thanks for updating.

So the absences before 11th Jan18 won't be counted, so her absence counter is still 180 days, so if she goes for 70days now and then 30 days in Nov2019, she will still have 80 days in the tally, for further leave after Nov'19,? Am I calculating it right?

[CR001]

She cannot have more than 180 days absence in ANY 12 month period for a visa extension granted after 11th January 2018.

[saliame]

Thanks for confirming.

[saliame]

Hi,

Apologies for asking this question again, I need some more clarity in how to count absences so I can plan future absences accordingly for my PBS Dep wife, who came to UK in April 2016, and will complete five years in April 2021, I hope. Her last visa extension was issued in Sep 2018. So the only absences counted will be after Sep2018 visa.

Her current absences are below:


2016 April May June July August September October November December January February March (No absences)

2017 January February March April May June July August September October November December (56 Days, in highlighted months but I beleieve these are irrelevant because rule was changed and only absences from Jan 2018 will be counted)

2018 January February March April May June July August September October November December (2 Days on Dec)

2019 January February March April May June July August September October November December(106 Days, in highlighted months)

2020 January February March April May June July August September October November December(Potentially 55 Days in higlighted months)

2021 January February March April (None)

Say, she applies in April 2021, are we looking at April to April blocks? Please share you thoughts.

Many Thanks,

S

[CR001]

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

[saliame]

Sorry for being dopey, but please can you clarify if am I looking at April to April blocks??