180 days absence calculation for ILR

[boggi]

Hi,
I need your advice to check my spouse eligibility for applying to ILR (settlement).

She is on tier-2 general dependent issued visa in my home country on 29-July-2013 and entered in to UK in Oct-2013 (with in 90 days) and further extension in June-2016 that expires in July 2019.

Partner (main applicant) is ILR now.

Below are the timelines spent outside UK.

Departure from UK Arrival back in to UK Number of days Reason
------------------------------------------------------------------------------------------------------
23-Aug-2014 18-Jul-2015 329 days Maternity
28-Jul-2017 14-Sep-2017 47 days Holiday

I spent some time in HomeOffice visa sites and found the below paragraph in the url
https://assets.publishing.service.gov.u ... .0-EXT.pdf

PBS dependants:
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January 2018

As per this, its 47 days of absence and ligible for UK ILR application. Has anyone faced similar situation?

Any suggestions would be very helpful, thank you.

[CR001]

If her current visa was issued BEFORE 11th January 2018, there is NO absence limit.

[boggi]

Thank you for the response. Applied for the super priority service and she got her ILR.
I have two kids (under 18) who are living with us in UK currently on Tier-2 dependant visa expiring in July 2019.
Due to funds shortage, I postponed there applications to a later date. I now like to apply for there ILR as well. Can you advice is it Set(0)?

Anything in particular I need to be aware about.

[CULLINAN]

Thank you for the response. Applied for the super priority service and she got her ILR.
I have two kids (under 18) who are living with us in UK currently on Tier-2 dependant visa expiring in July 2019.
Due to funds shortage, I postponed there applications to a later date. I now like to apply for there ILR as well. Can you advice is it Set(0)?

Anything in particular I need to be aware about.

SET(O) yes if they have completed 5 years (minus 28 days) from the date of initial visa.

If they are older than 16, read page 41 as you will need some extra docs.

https://assets.publishing.service.gov.u ... .0-EXT.PDF

[boggi]

Thank you for your reply.

Child 1 - Initial visa issued on 29/07/2013 and completed 5 year stay in Uk
Child 2 - Initial visa issued on 29/06/2015 and only completed around 3.5 years. Does child 2 need to complete 5 years as well? I did not read any such restrictions?

Current depedant Visas for both child were last time issued in June 2016.

[CULLINAN]

Thank you for your reply.

Child 1 - Initial visa issued on 29/07/2013 and completed 5 year stay in Uk
Child 2 - Initial visa issued on 29/06/2015 and only completed around 3.5 years. Does child 2 need to complete 5 years as well? I did not read any such restrictions?

Current depedant Visas for both child were last time issued in June 2016.

Child 2 will need a PBS dependent extension to complete 5 years as a Tier 2 dependent before he/she qualifies for ILR on SET(O). You have to apply before the expiry.

Child 1 can apply for ILR on SET(O) now.

Any child 18 or over will need LIUK and English requirements plus additional docs as per page 41 if age is 18 or over at the time of ILR.

[CULLINAN]

This is my understanding but please correct me if I am wrong. Wait for CR001 to respond.

[CR001]

There is no minimum residence requirement for children!!!

[CULLINAN]

Apologies to the OP. Yes you can apply for ILR for both children as CR001 confirmed.

[boggi]

Thank you dear modeartors. I can now apply with peace of mind.

[bizman]

Yes there is no time requirement for children once the parents have ILR or BC