Applying for ILR through ancestry visa - left for too many days! :(

Hi there,

I am currently living in Edinburgh and have been on and off since I arrived on 3 December 2018 (BRP valid from 28/11/2018).

I am currently employed and my BRP is expiring on the 28/11/2023 so was looking to apply for ILR in October. I counted the days I left in my first year and I left for 2/3 weeks longer than the 180 days in a 12 month period as I was working on the yachts in Europe. All the other years, I have left for less than 180 days. I believe this means I do not qualify to apply for ILR this year - is there anything I can do about this as I didn't leave for much longer than the required amount? Was just wondering if someone was in the same boat. Very annoyed at my past self as I was silly to leave for so long but was not thinking of the future.

If I cannot apply for ILR this year, my next question is do I have to renew my ancestral visa and stay another 5 years on it before I can apply for ILR?

Would appreciate any advice as feeling a bit panicked. Thanks so much.

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

zimba wrote: ↑

Tue Aug 08, 2023 3:06 pm

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

Thank you Zimba! So i will have to renew my ancestral and pay the NHS surcharge but I can apply again for ILR in one year then? Just because it says you can only apply 28 days for ILR before your BRP expires.

Yes. Your visa expiry is totally irrelevant. You apply for ILR when you are eligible, whether you have 10 days left or 2 years left on your visa makes no difference whatsoever for your ILR application

Hi there,

I am currently doing my ILR application and am a bit confused as I had to renew my ancesral visa so am not sure what to put for this question: "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started." Would appreciate any help or advice from this.

I arrived in the UK on 3 December 2018 on my first ancestral visa.

I left for too long in my first year so applied for a new ancestral visa at the end of 2023 and was granted it as I was not able to apply for ILR just yet then.

I have now stayed a continuous 5 years from the 15 February 2020 onwards and want to apply for my ILR but am unsure of my answer for the above question.

I hope this makes sense and would appreciate any advice!

That question has NO bearing on your application. It does not matter what you answer

Hi there,

I applied for my ILR about 2 months ago and am waiting for the decision. I came to the UK in 2018 on an ancestral visa but left for too long in my first year to apply for ILR at the end of the 5 years so I renewed my visa and have recently applied for my ILR after I got my 5 year qualifying period. While I am waiting for an ILR decision, my current ancestral visa only expires in 2027.

I know that you can't usually leave while you are waiting for a decision on ILR from the home office but as I still have a valid ancestral visa, I was wondering if I could leave? I have a friends birthday in Barcelona in 2 weeks that I'd like to go to.

Thanks for you help.

No one says you cannot leave. However, your ILR application will be considered automatically withdrawn as per paragraph 34K of the rules, if you leave the common travel area.

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