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180 days rule break - entry in March 2016

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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bosce21uk
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T2 ICT to ILR from Spring 2022 - UK MAC Recommendation

Post by bosce21uk » Sat Oct 23, 2021 4:52 pm

ILR for T2 ICT - UK MAC Recomendation

Can Admins shed some light on the probablity of recommendation turning out to be a possibility in spring 2022

https://www.gov.uk/government/publicati ... route-2021

page no 112

Recommendations:
15. The ICT route should be a route to settlement, without the need to switch to other routes to obtain
settlement. Time spent on the ICT visa should also count towards settlement if the worker does switch
into another route.
16. No changes to the current rules for switching, maintaining the provision that switching is permitted from day one.

-Regards

bosce21uk
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180 days rule break - entry in March 2016

Post by bosce21uk » Sat Oct 23, 2021 5:11 pm

Hello,

I am on Tier 2 ICT and targetting 10 years route. Due to family issues, i am not able to enter UK before April 2022.
In view of rolling Transitional Arrangements: rolling 12 month period in the below guidelines pdf
https://assets.publishing.service.gov.u ... 2.0ext.pdf

for how long i can stay outside UK after my exit from July-20 -2021 without breaking 180 days rule as per rolling 12 month period as my date of entry is before 11 Jan 2018. I am targetting 10 years long stay route.

Below are my dates .

Visa No Entry-Exit Visa Start Date Visa End Date Entry date Exit Date
1T2 - ICT ST 1 01-03-2016 28-02-2017 12-03-2016 17-09-2016
2 29-09-2016 26-02-2017
2T2 - ICT LT 3 28-04-2017 14-05-2022 13-05-2017 23-09-2017
4 26-09-2017 01-03-2019
5 26-03-2019 20-07-2021

I am out of UK Now and if I cant go untill April 2nd 2022, does my long resendence time period would break or not?

vinny
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Re: 180 days rule break - entry in March 2016

Post by vinny » Sun Oct 24, 2021 12:59 am

bosce21uk wrote:
Sat Oct 23, 2021 5:11 pm
Hello,

I am on Tier 2 ICT and targetting 10 years route. Due to family issues, i am not able to enter UK before April 2022.
In view of rolling Transitional Arrangements: rolling 12 month period in the below guidelines pdf
https://assets.publishing.service.gov.u ... 2.0ext.pdf
No:
Long residence
This guidance does not apply to the continuous period requirement in long residence cases. See long residence guidance.
There are no Transitional Arrangements under Long residence.

You should return within six months from leaving the UK for all absence periods. The current one before Thursday, 20 January 2022, the sooner the better. Should also have not been absent for more than 18 months for the entire 10 year period in question.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: T2 ICT to ILR from Spring 2022 - UK MAC Recommendation

Post by zimba » Sun Oct 24, 2021 2:07 am

bosce21uk wrote:
Sat Oct 23, 2021 4:52 pm
ILR for T2 ICT - UK MAC Recomendation

Can Admins shed some light on the probablity of recommendation turning out to be a possibility in spring 2022

https://www.gov.uk/government/publicati ... route-2021

page no 112

Recommendations:
15. The ICT route should be a route to settlement, without the need to switch to other routes to obtain
settlement. Time spent on the ICT visa should also count towards settlement if the worker does switch
into another route.
16. No changes to the current rules for switching, maintaining the provision that switching is permitted from day one.

-Regards
MAC report is simply advisory. HO may or may not consider its recommendations.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

bosce21uk
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Re: 180 days rule break - entry in March 2016

Post by bosce21uk » Sun Oct 24, 2021 8:08 am

Hello,

Thanks for replying.
Could you please confirm if my ILR qualifying period is 01-03-2016- My date of visa start or date of entry as 12-03-2016?

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CR001
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Re: 180 days rule break - entry in March 2016

Post by CR001 » Sun Oct 24, 2021 8:14 am

For long residence ilr, it is the date of entry that is the start of the qualifying period
Char (CR001 not Casa)
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bosce21uk
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Re: 180 days rule break - entry in March 2016

Post by bosce21uk » Wed Nov 03, 2021 4:54 am

Hello Again,

Sorry for this question again.
If i fail to come back to UK in 180 days but complete 10 years long residence within 540 days rule, does my dependents would be eligible for ILR?

In this case main applicant is not eligible for 10 years ILR but would dependents be eligible for ILR?

vinny
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Re: 180 days rule break - entry in March 2016

Post by vinny » Wed Nov 03, 2021 9:15 am

Long residence applications do not have dependants. Each applicant has to satisfy the rules independently. If you you break the continuous residence by being absent for more than six continuous months, then your qualifying period for ILR under Long residence may be reset.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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