I have been on the forum and received a tremendous amount of help by looking at discussions.
I have a quick question regarding my wife’s potential ILR application. My wife plans to make an application for ILR in the beginning of Jan.
She came to the UK as a Tier 2 dependent in Jun 2015. Her absence after that can be found as following:
leaving returning gaps
18/09/15 15/10/15 -> 26
20/12/16 29/12/16 -> 8
09/03/18 10/06/18 -> 92
PBS dependent renewed in 22/06/2018
21/07/18 11/10/18 -> 81
24/10/18 21/01/19 -> 88
21/07/19 31/07/19 -> 9
16/08/19 25/08/19 -> 8
16/12/19 22/12/19 -> 5
So my first question is when she applies for ILR, will she apply under PBS dependent or actually under Skill worker dependent which comes into force on Dec 1st, 2020? It seems the rule regarding PBS dependent (Immigration Rule 319) only applies to T1 now.
The reason for asking is if she applies under Skilled worker dependent, she needs to satisfy Appendix Continuous Residence, which seems not to mention that absences during leave approved before 11 Jan 2018 will be disregarded. Links can be found as following:
https://www.gov.uk/guidance/immigration ... -residence
In the above link, it seems saying the 180 days calculation will be consecutive for absence during leave approved before 11/1/2018 and rolling for absence during leave approved after 11/1/2018, if this is the case, will my wife's case satisfy the 180 rules?
Thanks very much for all your kind help and sorry for the inconvenience.