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The way 180 days absence is considered per 12 month period

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2Bid
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The way 180 days absence is considered per 12 month period

Post by 2Bid » Thu Mar 29, 2018 4:38 pm

Good day, I'd like to inquire about the changes to the way a 5 year continuous period of stay is considered. So what I understand is that it is no longer possible to cut 180 day absences in two 12 month periods, and that they will consider any 12 month period with absences.

So does that mean that, say, if I leave the UK for 6 months on January 2019, and then return to the UK on July 2019 and spend the next 6 months here, and repeat that process for the next 3 years, then from what I've calculated I won't be breaking the continuous 5 year period correct? Asking to see if what I've understood is correct.

I've made a graph from what I understood from the changes, is it correct?
Image

Hoping for responses, thanks

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CR001
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Re: The way 180 days absence is considered per 12 month period

Post by CR001 » Sun Apr 01, 2018 2:05 pm

You are misunderstanding. It is not calculated on calendar years, so not sure where you got that from.

It is ANY absence of 180 days or more in ANY 12 month rolling period.
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seasky
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Re: The way 180 days absence is considered per 12 month period

Post by seasky » Sun Apr 01, 2018 3:40 pm

2Bid wrote:
Thu Mar 29, 2018 4:38 pm
Good day, I'd like to inquire about the changes to the way a 5 year continuous period of stay is considered. So what I understand is that it is no longer possible to cut 180 day absences in two 12 month periods, and that they will consider any 12 month period with absences.

So does that mean that, say, if I leave the UK for 6 months on January 2019, and then return to the UK on July 2019 and spend the next 6 months here, and repeat that process for the next 3 years, then from what I've calculated I won't be breaking the continuous 5 year period correct? Asking to see if what I've understood is correct.

I've made a graph from what I understood from the changes, is it correct?
Image

Hoping for responses, thanks
If you do what u said (and shorten trips a bit 180 days is less than half a year) then mathematically you are correct.

This also leaves you "no reserve" if you need to go abroad (though leave saturday morning to Paris, come back Sunday night, can be done every single week, counts as in UK)

seasky
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Re: The way 180 days absence is considered per 12 month period

Post by seasky » Sun Apr 01, 2018 3:52 pm

To clarify in the old rule you could have been in uk for a year. Leave january (or any day!) for 359 days and with careful planning of ILR application date (smack in the middle of that) you would be OK as that 359 days would be cut into 2 separate -non rolling- 12 months periods

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Re: The way 180 days absence is considered per 12 month period

Post by tier2holidaycheck » Mon Jan 07, 2019 4:12 pm

Can you please help me out with my situation please.
Here are the dates of my Extensions for qualifying ILR
May 2015 to May 2017
June 2017 to June 2020(Absence since march1 to august 25 175 days)
As per the above example will they calculate absenses as 12 month consecutive? as the 2nd extension is before 11 January 2018.
If it is rolling then how does this rolling 12 month will work?
Can I travel on 1st week of march 2019 again?

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