196 days absence, can i apply for ILR

[smk456]

HI All,

I am bit confused, not sure what I need to do? Please advise.

I have completed 10 years continuous lawful residence and would like to apply for settlement through Long residence route.

I came to UK on 10th July 2010.

From 2010 until 2018, I have done multiple T2 ICT extension(In country).

On 21st April 2018, I have switched(in country) to T2 General visa, which needs to be extended soon for another 2 years..

But my issue is, Due to personal issues I spent around 196 days outside UK from 14 Jan 2012 to 30th July 2012(came back to UK with the existing Tier 2 ICT visa).

Below are few questions.

1. If I apply for ILR now, Will I now be refused for the single absence of over 180 days?

2. Is it possible to apply for ILR by splitting absence in rolling 12 month period. As there was transitional Arrangements as per page10(https://assets.publishing.service.gov.u ... 2.0ext.pdf) . Which states as below

Transitional Arrangements: rolling 12 month period Absences from the UK during period of leave granted on or after 11 January 2018 are considered on a rolling basis.
If the applicant’s qualifying period includes leave granted before 11 January 2018, any absences during that leave are considered in consecutive 12-month periods ending on the date of application.
For example: The application date is 30 June 2020.
The applicant’s continuous period includes the following grants of leave: • one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in consecutive 12-month periods, ending on 30 June each year • one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this.

3. Or for me clock is reset to 30th July 2012 and I can apply for ILR on 3rd July 2022 itself? And hence I need to extend my Tier 2 General visa(now skilled worker visa) for now.

Thank you

[CR001]

1. Yes it will be refused. Any single absence of 180 days or more breaks your continuity of residence.

2. No, you cannot. The link you are reading is NOT relevant to long residnece ilr. It is relevant to the categories mentioned in the document for ilr based on 5 years residence.

3. Yes clock reset.

[TaherLy]

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Please refer to page 12 as you may benefit from discretion.