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ILR Application - 5 year continuous period

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

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ayanh
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Joined: Wed May 25, 2022 11:40 pm
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ILR Application - 5 year continuous period

Post by ayanh » Wed May 25, 2022 11:49 pm

Hi everyone! I am staying in the UK for the last 4 years on a Tier 2 Skilled worker visa. I will be eligible to apply for my ILR next year. I have some questions with regard to the 5 continuous years of residence in the UK.
I will be vacating my current rental property in UK and will be out of the country for 2 months. I will continue to be on the payroll of my existing UK employer. However, during this time of 2 months, I along with my family will not have any UK residence address.
1. Will this 2 months without a UK address be considered as a break in the 5 continuous years of residence in the UK and hence lead to the ILR application being rejected?
2. I understand that the ILR requirement is that we should not spend more than 180 days outside the UK in any 12 months. Is the expectation that the applicant must have a UK residence even when he is absent from UK during this time to prove the 5 continuous years?
3. Should I provide the 2 months of India address when mentioning the last 5 years of place of residence?
Any advice would be much appreciated.
Many thanks.

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zimba
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Re: ILR Application - 5 year continuous period

Post by zimba » Thu May 26, 2022 1:12 pm

This has nothing to do with having an address in the UK. Absence rules say that you cannot be absent from the UK for more than 180 days in each 365 days and you employer must provide a letter confirming that all absences from work were permitted by them
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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