Change In Rules Could Stop Dependants Gaining Indefinite Leave to Remain

08 Dec 2017, 23 mins ago

New Statement of Changes in the Immigration Rules Affect Dependants of Points Based System Migrants when applying for Indefinite Leave to Remain

Under the new Statement of Changes of the Immigration Rules that were presented to Parliament on 7 December 2017 is an amendment to the requirements for partners of Point-Based System (PBS) Migrants when applying for Indefinite Leave to Remain (ILR) with the main applicant.  

As the Rules currently stand only the main PBS Migrant has to meet the ‘no more than 180 days absent outside of the UK per year’ rule.  However from 11 January 2018 any periods of leave granted to PBS Dependant partners after this date will be affected by the 180 days rule, i.e. they will need to ensure that their absences from the UK do not exceed 180 days per year.  This does not include PBS Dependant children, however it could affect their ability to obtain Indefinite Leave to Remain if one parent is out of the UK for more than 180 days per year.

The Home Office have made assurances that this will not have a retrospective effect on PBS Dependant partners currently in the UK, and will only be for periods of leave granted under the Rules in place from 11 January 2018.  However this will affect any PBS Dependant partners where they need to extend their leave to take them to the five-year period. If the leave is extended after 10 January 2018, then they will be subject to the new rules for that period of leave.  Any leave granted before January 2018 will not be included in the new rules.  For example if the main applicant is in the UK as a Tier 1 Entrepeneur granted leave for the initial three year period, if they are unable to obtain ILR under the accelerated route they will need to extend their leave for a further two years., together with any dependants.  If an additional two years is granted after 10 January 2018 then they will be caught by the new rules.

If you think that you or your partner may be affected by these new rules please do not hesitate to contact a member of the team who will be able to advise in the best way forwards.


The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2017