22 December 2017

Recently announced changes to the Immigration Rules will bring PBS dependent partners’ limit on absences for indefinite leave to remain in the UK (ILR) to 180 days in line with main PBS migrants.

This is an unwelcome change which will most affect the partners of Tier 1 (Entrepreneur) and Tier 1 (Investor) migrants who may have strategically elected to be a dependant in order to avoid the absence limit and still remain eligible for ILR.

Who is affected?

• New PBS dependent partners granted leave on or after 11 January 2018;
• PBS dependent partners already in the UK who will be applying for an extension on or after 11 January 2018 (with the annual limit only applying during leave granted on or after 11 January 2018)

Can you avoid the changes?
PBS partners who are in their last grant of leave prior to applying for ILR should not be affected, provided they no longer need to make an extension application.

Those who wish to avoid the changes may be able to avoid them by making an extension application prior to 11 January 2018.

PBS dependent partners unable to avoid the changes would need to adjust their travel plans accordingly.

Children
PBS dependent children will not be affected by the changes and will continue to benefit from the more generous current provisions.

If you have any queries in relation to any of the changes, please contact your usual LDS lawyer or enquiries@lauradevine.com.