New Rules: Absences for Point-Based System (PBS) Dependants applying for Settlement

One of the most notable changes relates to the absences of the dependants of the PBS migrants (Tier 1, Tier 2, Tier 4 and Tier 5 visas).

The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants.

This crucial change will affect those partners applying for settlement whose leave was granted following an application made after 11 January 2018.

To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

The maximum 180 days absences requirement is waived for absences when applicants have assisted with the Ebola crisis in West Africa. This provision is being widened to include assisting with any national or international humanitarian or environmental crisis.

For expert advice and assistance in relation to your settlement application and immigration requirements, please contact our immigration lawyers on 020 7822 8535 or via our online appointment booking form.