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180 days query for spouse (PBS dependent) for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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lancsmedic
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180 days query for spouse (PBS dependent) for ILR

Post by lancsmedic » Sun Aug 14, 2022 6:20 pm

Dear friends, I am an NHS doctor and successfully gained ILR in October 2021.

In my wife's case:

First PBS dependent visa issued on 05/07/2019 as per her biometric card and first entry to UK on 17/07/2019. My wife's visa vignette states it's valid from 26/06/2019 to 26/07/2019.

I believe my wife would be eligible for ILR on or after 17/07/2024.

She travelled to Pakistan for a family visit from 01/04/2022 to 13/08/2022 for a total of 133 days out of the UK. Now my wife would like to return to Pakistan for a couple of weeks for personal and family reasons. My question is:

1. As my wife's initial UK entry was 17/07/2019 would this date be taken as the start of the ILR clock for my wife and absences would be calculated from this date onwards i.e

Year 1: 17/07/2019 to 17/07/2020
Year 2: 18/07/2020 to 17/07/2021
Year 3: 18/07/2021 to 17/07/2022
Year 4: 18/07/2022 to 17/07/2023
Year 5: 18/07/2023 to 17/07/2024

If my wife's ILR clock started on 17/07/2019 would my wife's absence from Pakistan be:

01/04/2022 to 17/07/2022- 107 days be regarded as an absence in year 3 and 25 days from 18/07/2022 to 12/08/2022 be regarded as an absence in Year 4?

If my wife's been outside the UK for 25 days from the 3rd anniversary of her UK entry, would she be safe to travel back to Pakistan for 154 days this year before hitting the 180 days limit and negatively impacting her ILR application in 2024?

Thanks to everyone in advance!

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CR001
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Re: 180 days query for spouse (PBS dependent) for ILR

Post by CR001 » Sun Aug 14, 2022 7:33 pm

Her absence limit is no more than 180 days in ANY 12 month rolling period.
Char (CR001 not Casa)
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