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眾所周知的是，大部分英國簽證持有人想要申請(qǐng)永居時(shí)，都有著居住時(shí)間的要求。也就是任意12個(gè)月內(nèi)（any consecutive 12 months of the qualifying period）離境時(shí)間不可以超過180天。對(duì)于在2018年1月1號(hào)之后申請(qǐng)的PBS dependant的申請(qǐng)人來說，受同樣的限制。

請(qǐng)參看PBS dependant申請(qǐng)永居時(shí)對(duì)居住時(shí)間的要求：

145. You must not have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period.

146. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on the form.

147. If any of your absences are due to a serious or compelling reason, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

148. Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days (see information about delayed entry to the UK below) unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling

reasons.

149. There are a number of exemptions where absences are not considered as part of the maximum 180 days:

? where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis,

? where the absence was during a period of leave granted prior to 11 January 2018

? where your partner was working in a PhD level occupation under Tier 2 (General) and you have been absent from the UK to accompany them while they were undertaking overseas research

? where your partner was granted leave under either Global Talent or Tier 1 (Exceptional Talent) following an endorsement by one of the following endorsing bodies and the purpose of the absence was linked to their grant of leave:

o The Royal Society

o The British Academy

o The Royal Academy of Engineering

o UK Research and Innovation

150. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12 month period.

151. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

152. If you have been outside of the United Kingdom for more than 180 days in a consecutive 12 month period, you will need to start the qualifying period for settlement again. This does not apply if this was during leave granted before 11 January 2018. You should therefore pay careful attention

to your absences from the United Kingdom if it is your intention to apply for settlement.

總的來說，dependants（配偶）可以被接受離境時(shí)間超過180的情況只有三種。一是由于重大的疾病/死亡導(dǎo)致無法回到英國。二是涉及到人道主義和環(huán)境危機(jī)的情況。三是從事特定的行業(yè)，并由于工作原因需要離開英國。證明以上三點(diǎn)，都有一定的難度。具體的問題需要專業(yè)人士具體的分析界定。

這也就加大了Tier 1 2 4 5 簽證持有人的配偶申請(qǐng)英國永居的難度。然而夫妻雙方一方拿不到永居，會(huì)導(dǎo)致孩子無法順利的拿到永居。因此有的申請(qǐng)人只能通過claim獨(dú)立撫養(yǎng)權(quán)的方式來保證孩子順利拿到永居身份?；蛘呤峭ㄟ^多次續(xù)簽，來達(dá)到永居申請(qǐng)的要求。然后任何一個(gè)方案，都會(huì)增加申請(qǐng)成本。這是各位申請(qǐng)人在做簽證規(guī)劃的時(shí)候，一定要提前考慮到的問題。

前面之所以為大家介紹了完整的 PBS簽證系統(tǒng)下的dependants申請(qǐng)永居時(shí)需要達(dá)到的居住要求，是為了

和海外首席代表簽證中dependants申請(qǐng)永居的要求進(jìn)行對(duì)比。

今天我們將主要分析，海外首席代表簽證獨(dú)特的優(yōu)勢(shì)，也就是：

首席代表簽證的配偶不受以上居住條件的限制。

以下法條是首代簽證持有人的dependants申請(qǐng)永居的要求：

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is the spouse, civil partner, unmarried or same-sex partner of a person who:

(1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

(ii) meets the requirements of paragraph 194(ii) - (vii); and

(iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and

(iv) was not last granted:

(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),

(2) temporary admission,

(3) temporary release, or

(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and

(v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

其中提到的paragraph 194(ii) - (vii)也就是在申請(qǐng)首簽和續(xù)簽時(shí)候的要求。我們可以清楚的看到?jīng)]有對(duì)申請(qǐng)人（dependants）的居住時(shí)間有任何規(guī)定，是不同于PBS簽證系統(tǒng)下的要求。

194.The requirements to be met by a person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is the spouse, civil partner, unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and

(ii) if an unmarried or same-sex partner:

(1) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(2) the parties are not involved in a consanguineous relationship with one another; and

(3) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and

(iii) each of the parties intends to live with the other as his or her partner during the applicant’s stay and the relationship is genuine and subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and

(vii) the applicant does not fall for refusal under the general grounds for refusal; and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

但是！但是！但是！

需要注意的是，沒有居住要求，并不代表可以一次都不登陸

因?yàn)椋喝绻淮味疾坏顷懀斐傻膶?shí)際情況就是 - 夫妻關(guān)系的真實(shí)性會(huì)受到懷疑，西方人的思維很難接受夫妻雙方分居異國，5年的時(shí)間？就更不用說了。 

所以說：我們的建議是，首席代表配偶可以沒有沒有每年居住英國183天的要求，但是需要注意維持夫妻關(guān)系之間的證據(jù)，例如轉(zhuǎn)賬記錄，一起旅游的記錄盡量的多來英國與主申請(qǐng)人團(tuán)聚，盡量的增加夫妻在一起的時(shí)間！

這個(gè)政策漏洞一定會(huì)被修正！時(shí)間問題而已！只要在政策變化之前獲得這個(gè)簽證的，毫無疑問的會(huì)按照老政策執(zhí)行，之后必然按照新政策執(zhí)行。

我們建議各位符合首代簽證要求的朋友們，盡快在政策沒有調(diào)整之前，做好申請(qǐng)規(guī)劃。在申請(qǐng)之前咨詢專業(yè)人士，對(duì)自身情況進(jìn)行詳細(xì)評(píng)估分析，以提高申請(qǐng)成功率。針對(duì)不同的企業(yè)情況和申請(qǐng)人背景，需要具體問題具體分析，歡迎各位通過以下聯(lián)系方式，與我們溝通探討。