The curse of 180 days – PBS Dependants to face new requirements for ILR

11th January 2018, saw many changes introduced to the Immigration Rules.

A change which will have huge impact on future applications for entry clearance, as well as extension applications by those who are already in the UK and need to extend their leave after 11 January 2018 is that the PBS dependant cannot be absent from the UK for more than 180 days during any 12-month continuous period.

The following has been inserted into paragraph 319E of the Immigration Rules in relation to PBS dependants:

(d) not have been absent from the UK for more than 180 days during any 12-month period in the continuous period, except that:

(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and

(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.

The amendment will not impact residence for those who have already extended and can obtain ILR without extending again, and will not change things immediately for those who have already been granted entry clearance until they come to extend.

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