ILR: Calculating continuous period in UK

[ravi2022]

With refrence to Transitional Arrangements: rolling 12 month period

I am having some difficulty in understanding the term rolling
Can someone please answer the following

• Is there any concession for the period one has been outside the UK during Covid Pandemic Period?

• I assume we need to be outside for whole 24 hrs to be counted so even if I leave say on 12th May from UK just after midnight, in that case the count will start from 13th May, and the same rule will apply while coming back please do confirm

• Does rolling mean the day of departure from UK (Exit Stamp on Passport) ?
  So if I have been outside UK from 11th March 2021 to 19th June 2021 = 100 days
  Will the count (of 100 days) will be reset on 20th June 2022 and I can stay outside UK for up to 180 days not only 80 days

Thank you so much for your assistance.

[zimba]

There are concessions in place. If you can provide compelling reasons for why you had an absence of more than 180 days, then you should be fine. Most people believe that simply citing the pandemic is a good reason. I do not think it is, even under the route where the appendix continuous residence applies. Travel was indeed disrupted but UK borders were open and travel to the UK was possible throughout the pandemic (it was not easy or straightforward but possible). If you stayed outside the UK for let's say 1.5 years and made no attempt to return, it would be very unlikely that you can just use the pandemic as an excuse. It is probably fair that people who travelled and paid for tests, hotel quarantine, etc to maintain their residence in the UK be treated differently than people who simply did not want the hassle.

The rolling basis calculation means that you cannot have more than 180 days’ absences in ANY consecutive 12-month period. So in theory, if you choose any RANDOM date within the 5 year period and add 12 months to that date, that is your 12-month consecutive period and you should not have more than 180 days of absence in that period. So there is no reset.
So let's choose 11th March 2021. Your 365 days period will be from that date to 11th March 2022. In this period you cannot have more than 180 days of absence. Again, let's choose 12th March 2021. Your 365 days period will be from that date to 12th March 2022. In this period you cannot have more than 180 days of absence. and so on

Only FULL days of absence will be counted. The day of arrival/departure is not counted

[ravi2022]

Hi Zimba,

I cannot appreciate enough for your response.
Thank you so much for taking time and answering all the queries into such greater details.
I am sure it will help other seeking similar information.

I read somewhere that apart from 180 days (on rolling basis) there is also a maximum 540 days across 5 years.

In order to settle, you need to have not left the UK for more than 180 days in any of the five years (and you cannot have left the UK for more than 540 days in total - this will be checked during your ILR application) during your stay in the UK.

Since the same cannot be found in the official document I assume its untrue but please do comment on this as well

Regarding concessions during Covid Pandemic, I was in the country which was on the Red List and have returned as soon as the Country was lifted from it you are right I could have come and stayed in Hotel quarantine but since I was allowed to work remotely by my Organization I continued doing so.
Do you think it will be considered as a valid reason

On the similar note company are now being a lot restrictive against allowing foreign national in Tier 2 Visa to work from outside UK (remotely) I assume it is because its quite difficult to justify why Visa was issued in the 1st place / shortage Occupation List along with some UK tax implications.
They do allow working in short-lived duration like a week or so.

Is there any guidance / restriction from UK Home Office regarding the above rule ?

[zimba]

What you quoted regarding 540 days of absence applies to ILR under the long residence (10 year route). That is why you do NOT see it in the guide that covers the ILR route for skilled workers. It does not apply to skilled workers applying for ILR.

Immigration Rules Appendix Continuous Residence covers the pandemic concession. Any concession is solely at the discretion of the UKVI. As I said above, a concession may not be exercised if UKVI deems the reasons for such absence to be unreasonable.

[ravi2022]

Thanks Zimba! for clarifying the pandemic point.

Can you please also highlight the remote working restriction, and do point to any guideline /link if any.
I am looking for guideline specifying no of days its allowed to work outside UK for people under Work Visa (Tier 2 General) I think the 180 days rule is for general vacation, absence etc.

[zimba]

Thanks Zimba! for clarifying the pandemic point.

Can you please also highlight the remote working restriction, and do point to any guideline /link if any.
I am looking for guideline specifying no of days its allowed to work outside UK for people under Work Visa (Tier 2 General) I think the 180 days rule is for general vacation, absence etc.

Tier 2 general route does not exist. Also there is no such rule or guidelines. The skilled worker route is not intended for remote work from abroad. The 180 days rule applies to all absences unless you want a period of absence to be disregarded, then concessions under paragraph CR 2.3 of the appendix apply