LS Legal News Bulletin
New 180-day residence requirement for ILR as a PBS dependant partner
Thursday 18th January 2018
Until recently, there has been no residence requirement for point-based system (PBS) dependants to obtain indefinite leave to remain (ILR). They simply had to be in the category for five years as a family member, regardless of whether they have been present in the UK or not.
The recent changes in the Immigration Rules introduced a residence requirement, effective from 11 January 2018, for those who will apply for ILR as a partner of a PBS migrant. The change means that partners of individuals who have a work, study, investor or entrepreneur visa and who wish to apply for ILR must restrict their absences from the UK to no more than 180 days per year.
The Home Office has assured that the amendment will not impact residence for those who are currently residing in this category and are applying for ILR without making another extension application again, and will not change things immediately for those who have already been granted entry clearance until they come to extend. However, this rule will apply to those applicants who are extending their visas after 11 January 2018.
This rule does not seem to affect children of the PBS migrants.
How we can help
LS Legal Solicitors are experienced in assisting clients with their ILR applications and preparing strong representations to the Home Office, including when the specific requirements may not have been met. We have dealt with the most complicated ILR cases and our success rate with ILR applications in 2017 was 100%. Please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.
