Absence of dependent in UK

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Dear Home Office,
I am in UK on ILR while my family / partner still have some time to go before becoming eligible for ILR. I have the following questions:

a) Based on my understanding, UKBA rule of no more than 180 days absence in a year is not applicable for dependents (i.e. dependents can have longer absences, including a single absence of longer than 180 days). Can you please confirm if this is correct? This makes sense as for couple who apply together (main PBS migrant, along with a dependent), the SET (O) form only asks for immigration history of the main applicant and does not worry about the immigration history of the dependent.
b) If the initial visa outside UK was granted in June 2013, and my wife entered the UK in October 2013, when does her 5 year period begin (the date of initial visa issued or the date of UK entry?).

Can you please clarify these two questions?

Yours faithfully,
Akhilesh

No Reply,

Dear Akhilesh,

Thank you for using UKVI Contact Centre Services for enquiry Reference #
170705-002755. We hope that we answered your enquiry to your satisfaction.
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If you have any further enquiries please visit our website at
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UK Visas and Immigration,

Dear Akhilesh,
 
Thank you for your email from 3rd July regarding your dependants
settlement (also called ‘indefinite leave to remain’) in the UK.
 
We are unable to advise on settlement applications.
 
Please use the link below to find out if you can apply for settlement
(also called ‘indefinite leave to remain’) in the UK:
 
[1]https://www.gov.uk/settle-in-the-uk
 
You would need to read the relevant guidance and application if the
individual meets the eligibility requirements.
 
If you need any further help or assistance regarding specific details
relevant to the applicants you would need to contact an independent
immigration adviser.
 
Please note the onus is upon individual customers to ensure that they
satisfy the requirements set out in the guidance material. The guidance
material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of
any such application prior to it being given full and careful
consideration.

Directing you to the guidance material is the only advice we can give you.
If you need any further help you should seek independent immigration
advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The
Office of the Immigration Services Commissioner (OISC) regulates
immigration advisers, which mean they must meet certain standards.

Please see the below link to find an immigration adviser:

[2]https://www.gov.uk/find-an-immigration-a...

 
 
 
 
 
 
 

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

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Visible links
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https://www.gov.uk/settle-in-the-uk
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https://www.gov.uk/find-an-immigration-a...
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Dear UK Visas and Immigration,

Thank you for the response. However, it did not answer my question. I have read the guidance notes and it is not very clear what conditions the a PBS Dependent need to satisfy for ILR. Also, if the PBS dependent applies along with the main applicant, the information needed from the Dependent is different than when he/she applies separately.
Can you please elaborate the conditions around the 5 year stay for PBS dependent:
a) Does it need to be "continuous" 5-year in UK with no more than 180 days outside UK for each of the 12 months period prior to the application (just like for the main PBS applicant)
b) What is the start of 5 year period (the date of approval for leave to enter or the date of first entry in the UK)?

Yours sincerely,
Akhilesh

UK Visas and Immigration,

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No Reply,

Dear Akhilesh,

Thank you for using UKVI Contact Centre Services for enquiry Reference #
170706-002121. We hope that we answered your enquiry to your satisfaction.
Please take a moment to complete our short survey.

[1]Click here to take this survey.

If you have any further enquiries please visit our website at
[2]www.gov.uk/home-office

Kind regards,

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

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References

Visible links
1. http://contact-ukvi.homeoffice.gov.uk/ci...
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3. http://contact-ukvi.homeoffice.gov.uk/rd...

UK Visas and Immigration,

Dear Akhilesh
 
Thank you for your enquiry dated 6th July about the conditions a PBS
dependant needs to satisfy for ILR.
 
We are unable to advise on settlement applications. 
 
Please use the link below to find out if they can apply for settlement
(also called ‘indefinite leave to remain’) in the UK:
 
[1]https://www.gov.uk/settle-in-the-uk
 
If you need any further help or assistance you would need to contact an
independent immigration adviser.
 
Please note the onus is upon individual customers to ensure that they
satisfy the requirements set out in the guidance material. The guidance
material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of
any such application prior to it being given full and careful
consideration.
 
Directing you to the guidance material is the only advice we can give you.
If you need any further help you should seek independent immigration
advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The
Office of the Immigration Services Commissioner (OISC) regulates
immigration advisers, which mean they must meet certain standards.
 
Please see the below link to find an immigration adviser:
 
[2]https://www.gov.uk/find-an-immigration-a...
 

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

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References

Visible links
1. Click to follow link: https://www.gov.uk/settle-in-the-uk
https://www.gov.uk/settle-in-the-uk
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office