Clarification on PBS Dependent ILR Residency Requirement

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Dear Home Office,

Could you please provide guidance, that the time between the visa issue and entry into the UK could be counted towards the allowable absences from UK, for indefinite to Leave to remain application for PBS dependent.

There are clear cut guidance for Tier 1 main applicant, however no guidance available on the above matter for PBS dependent.

Guidance and Clarification on the above matter will be highly appreciated.

Yours faithfully,

Muhammad

UK Visas and Immigration,

Dear Muhammad,
 
Thank you for your enquiry dated 2nd October regarding the residency requirement for an ILR application.
 
The guidance on calculating continuous period states the following on page 14:
 
"The period between entry clearance being issued and the applicant entering the UK may be counted toward the
qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable
absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The
applicant does not need to provide evidence to demonstrate the reason for delayed entry.
 
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the
continuous period calculation."
 
Please refer to the following link for further guidance on calculating continuous residence for an Indefinite
Leave to Remain.
 
[1]https://www.gov.uk/government/publicatio...
 
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...

Yours faithfully,

Jessica Micher
UKVI Contact Centre

 

 

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/government/publicatio...
https://www.gov.uk/government/publicatio...
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

Dear UK Visas and Immigration,

Thank you very much for prompt response.
Could I please clarify that the same guidance is applicable to PBS dependent applying for ILR, The guidance in issue does not mention PBS dependent but rather only mention say Tier 1 (exceptional talented individuals)
Your guidance will be highly appreciated. so that I can proceed with the application.

Yours sincerely,

Muhammad Arif

UK Visas and Immigration,

Dear Muhammad,

Thank you for your email dated 5th October

In response to your query I can advise that you must take a look at the guidance
notes regarding your settlement. The period between being issued and entering into
the UK can be counted towards your qualifying period as a dependant if you are
eligible. For further information please refer to page 4 on the following guidance.
[1]https://www.gov.uk/government/uploads/sy...

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...

Yours Faithfully

Tonya Evans
UK Visas and Immigration

 

 

UKVI Contact Centre

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

 

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References

Visible links
1. https://www.gov.uk/government/uploads/sy...
2. https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office

Dear UK Visas and Immigration,

Thank you very for your guidance and clarification.

Yours sincerely,

Muhammad Arif

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