Tier 1 Gen Dependant to ILR - Absences query

[rk_niu1981]

Hi everyone
Need your help please.
I got my british citizenship few years ago. My wife and my daughter are currently on Tier 1 Gen dependant visas. The visas are valid until June 2020.
Since June 15, 2019 we are in India and probably will be there until Jan 2020, which makes their absences exceed 180 days, would that be a problem when I apply ILR for them in next year? what are the absences allowed in this category for any period of 12 months?

Thanks for your help in advance.

[zimba]

If the visas are issued before 11 Jan 2018, there is no absence limit.

[rk_niu1981]

Hi zimba
thanks for your reply.
Their first visas were issued 5 years back, Oct 2014. And the extension I have done in June 2017 I think, and the current visa expires June 2020.
Please note they are Tier 1 General Dependant visas.
I know you said its fine, but just for my personal satisfaction, could you please tell me if this is listed somewhere on gov.uk, as I am not able to find it.

Thanks again for your help and time.

[zimba]

indefinite-leave-to-remain/big-changes- ... 46559.html

[rk_niu1981]

Hi Zimba
Apologies but I am struggling to find the info you said in the link you provided.
To summarise, my wife and daughter are currently outside Uk and they will exceed more than 180 days absence by Jan 2020 (starting from June 2019).
They are qualified for ILR now, which means, once we come back in lets say, Feb 2020...they are eligible to apply for ILR, however my question is in the last 12 months starting from Feb 2020, there are absences exceeding 180 days....Would this be a problem?

Please if you dont mind could you point me to the rules where it exactly says its not a problem.

Thanks for all the help and apologies again. Cheers!

[zimba]

The relevant part is literally highlighted in one of the posts.

7.21. The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that 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

indefinite-leave-to-remain/big-changes- ... l#p1581504

[rk_niu1981]

Thank you Zimba
So to confirm the absences (180 days or more) are discarded for dependants provided they got their visas before Jan 2018?

Please confirm once again.

Thanks for your help, greatly appreciate it.

[zimba]

For the third time, yes