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srisath wrote: ↑Sun Dec 23, 2018 9:14 pmHello friends,
I'm new to this board. If this is repeated question please apologize and kindly help me getting through.
My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.
1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.
2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero.
Thanks.
cyclina1 wrote: ↑Sun Dec 23, 2018 10:24 pmsrisath wrote: ↑Sun Dec 23, 2018 9:14 pmHello friends,
I'm new to this board. If this is repeated question please apologize and kindly help me getting through.
My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.
1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.
2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero. Hi Cyclina please be clear is the rule applies after 11 Jan 2018 to all who were already in PBS dependent leave granted (or) only for PBS dependent leave granted from 11 Jan 2018? Because my PBS dependent leave granted on 07 Aug 2017 valid until 28 May 2019.
Thanks.
read 7.21srisath wrote: ↑Mon Dec 24, 2018 6:58 amcyclina1 wrote: ↑Sun Dec 23, 2018 10:24 pmsrisath wrote: ↑Sun Dec 23, 2018 9:14 pmHello friends,
I'm new to this board. If this is repeated question please apologize and kindly help me getting through.
My husband got ILR on July 2018. I'm dependent for him and completed 5 years. It would be great if you answer for my below questions. Many thanks in advance.
1. My initial start date of Tier 2 dependent visa is August 2013. Can I apply for ILR? Yes. you can apply now.
2. If I apply, will the 180 day rule applicable for me? The reason I'm asking because I was outside country for more than 180 days this year. The rule applies after 11 Jan 2018. So if you leave the UK more than 180 days after 11 jan 2018, you broke your continuous residency and clock reset to zero. Hi Cyclina please be clear is the rule applies after 11 Jan 2018 to all who were already in PBS dependent leave granted (or) only for PBS dependent leave granted from 11 Jan 2018? Because my PBS dependent leave granted on 07 Aug 2017 valid until 28 May 2019.
Thanks.
You are mistaken. 7.21 in the link clearly states it only applies to PBS Dependent visas granted from and after 11th January 2018.cyclina1 wrote: ↑Mon Dec 24, 2018 8:40 amread 7.21
https://assets.publishing.service.gov.u ... LE__2_.pdf
it applies to every PBS dependent. but only absence from 11 jan 2018 will be counted towards 180 days.
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
Again the caseworker works differently from the guideline on continuous residence? They even make an example.CR001 wrote: ↑Mon Dec 24, 2018 11:32 amYou are mistaken. 7.21 in the link clearly states it only applies to PBS Dependent visas granted from and after 11th January 2018.cyclina1 wrote: ↑Mon Dec 24, 2018 8:40 amread 7.21
https://assets.publishing.service.gov.u ... LE__2_.pdf
it applies to every PBS dependent. but only absence from 11 jan 2018 will be counted towards 180 days.
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
You are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
I dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."CR001 wrote: ↑Mon Dec 24, 2018 1:20 pmYou are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196
https://www.gov.uk/guidance/immigration ... #pt8family
The Immigration Rules are clear. Absence for visas issued before 11th January do not count. How YOU choose to interpret it is irrelevant. Kindly do not offer wrong advice that can cause stress and anxiety for members based on your interpretation. It states very clearly that absence only affects visas issued from 11th January 2018 under the new rules so as NOT to have a 'retrospective' effect on visas held that were issued prior to this date.cyclina1 wrote: ↑Mon Dec 24, 2018 1:34 pmI dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."CR001 wrote: ↑Mon Dec 24, 2018 1:20 pmYou are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196
https://www.gov.uk/guidance/immigration ... #pt8family
The guidance is very clear on this issue and I am not sure if there is any other way for this to be interpreted. It appears simple and straightforward. An immigration change was confirmed in Jan 2018, I don't see why the change should affect leave granted before Jan 2018 and it clearly says it does not. The poster can always get immigration advice if she is still unsure but the guidance is clear, the online form is clear, etc.cyclina1 wrote: ↑Mon Dec 24, 2018 1:34 pmI dont think it should interpret in this way, if this is the case, then the example of the guidance on continuous residency should be " you must not count any absence towards 180 days before 31 DEC 2019."CR001 wrote: ↑Mon Dec 24, 2018 1:20 pmYou are wrong. It specifically states visas granted according to the rules in place BEFORE 11th January 2018 remain under the rules in place prior to this date.
See link below, referencing the immigration rules 319E(d)(ii)(d)(2)You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018
uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196
https://www.gov.uk/guidance/immigration ... #pt8family