Q&As

Where the partner of a Points-Based System migrant is applying for indefinite leave to remain under 319E of the Immigration Rules, does the absence requirement of no more than 180 days outside the UK apply where the partner was granted their current period of leave to remain prior to 11 January 2018?

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Published on LexisPSL on 30/10/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where the partner of a Points-Based System migrant is applying for indefinite leave to remain under 319E of the Immigration Rules, does the absence requirement of no more than 180 days outside the UK apply where the partner was granted their current period of leave to remain prior to 11 January 2018?

On 11 January 2018, the Immigration Rules were amended so that partners of Points-Based System migrants who are applying for indefinite leave to remain on that basis are now subject to the same absences requirement as main applicants. This only applies to those who are in categories which lead to settlement, and who are granted leave on or after this date (whether initial leave or an extension). See ‘Statement of Changes in Immigration Rules, HC 309—analysis—Part 5 and PBS categories that lead to settlement’ in Practice Note: Statement of Changes in Immigration Rules, HC 309—analysis, and ‘Partners of Points-Based System and Appendix W migrants—Applying for indefinite leave to remain at the

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