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180-day absence calculation in 12-month rolling months for ILR

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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Duran212
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Posts: 14
Joined: Fri Dec 20, 2019 10:24 am
England

180-day absence calculation in 12-month rolling months for ILR

Post by Duran212 » Mon Oct 25, 2021 11:36 am

dear all,

my wife has been my dependent (of a settled person) since June 2017. she will be eligible to apply for IlR by June 2022. however, i do not fully understand the absence rule.

her only absences in this period have been, which makes it more than 180 days in this period if she returns on 19.01.2022

30/11/2017 to 22/01/2018 = 53 days
19/10/2019 to 09/11/2019 = 21 days
01/10/2021 to 19/01/2022 (intended date of return) = 110 days

i do understand that there is a matter of rolling 12 months which i am afraid i do not understand, therefore requesting help.

if my wife returns back at the intended date or after, would she be eligible to apply for IlR in June 2022, considering in the rolling 12 months from June 2021 (to June 2022) she would have been absent from the UK less than 180 days?

kind regards

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zimba
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Re: 180-day absence calculation in 12-month rolling months for ILR

Post by zimba » Mon Oct 25, 2021 12:25 pm

ILR under the family/spouse route via SET(M) does NOT have an absence limit. We keep repeating this in multiple posts every week.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Duran212
Newly Registered
Posts: 14
Joined: Fri Dec 20, 2019 10:24 am
England

Re: 180-day absence calculation in 12-month rolling months for ILR

Post by Duran212 » Mon Oct 25, 2021 1:01 pm

apologies, i did search the forum but could not find anything related to this. perhaps i should have done better.

thank you very much for your response.

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