180 days outside uk - new rule 07/18

hi! i first came to the uk on october 2015 under a tier 2 visa. but because of a family emergency i had to go home on july 2016. i came back and worked for a different employer on march 2017. now i am four months pregnant and wish to give birth back home and spend nine months outside the uk. because of the new rules, i know i won’t be able to apply for ILR on march 2022 (which would have been the case if i choose to stay in the uk and not go home for a period of nine months). i know that the first visa i got was an entry clearance and the second one will be Leave to Remain. my question is, am I allowed to apply for two consecutive Leave to Remain visas? my current visa expires January 2020, so that is Leave to Remain from 2020 to 2023 and a second one on 2023 to 2025 or 2026. or do i need to use the cooling off period of one year before i can reapply to work in the uk? thank you!

You cannot hold a Tier 2 general visa for more than 6 years in total (consecutive years).

or do i need to use the cooling off period of one year before i can reapply to work in the uk?

To start a new 6 year max timeframe you can be on Tier 2, you will be subject to the 12 month cooling off period and will have to start again with meeting all the requirements, i.e. RLMT etc.

hi! i first went to the uk under a tier 2 visa on october 2015 and left on july 2016 due to an emergency back home. i transferred to another employer and returned to the UK on march 2017 still under a tier 2 visa. i got pregnant and opted to give birth in my home country which means i have been away from the uk for more than 180 days now (june 2018 up to march 2019). my quesrion is, because of this, does it mean my ILR application in the future will be rejected even if i apply for ILR anytime between october 2022 to january 2023. what is the best thing to do? i am set to return to the uk on march 2019 and i have planned to work three months (so i don’t have to repay my employer for the maternity benefit), leave the uk, and reapply for another tier 2 visa a year after (cooling off period). it looks like i am not eligible for the ILR, so is it best to just use the cooling off period first? thank you for all your help!

Posts merged.

I have a Tier 2 Visa which i got on 03/17 and will expire on 01/20. It is renewable for another three years (the usual CoS we get), which means I can stay in the UK till 01/23. Based on the 5-year route,the earliest I can apply for ILR is on 03/22. However, because i stayed outside the UK for 9 months (06/18 to 03/19) during my maternity leave, I am no longer eligible because of more than 180 days absence in any ROLLING 12-MONTH PERIOD. I had a difficult pregnancy, which is why I chose to go home early and give birth there. I also spent a few months to look after my baby.

However, on 07/18, Home Office said that if an applicant’s qualifying period includes leave granted before 11 January 2018, any absences from the UK during that leave must be considered on SEPARATE 12-MONTH PERIODS ending on the date of application. If I apply this rule on my current leave (03/17 to 01/20), I can apply for ILR on 10/22 instead of 03/22. I will then have stayed outside the UK for 170 days from 10/17 to 10/18, and another 170 days from 10/18 to 10/19.

Then again, I am unsure if Maternity Leave is considered an allowable absence. I am now torn between continuing my stay in the UK and apply for ILR on 10/22, or is it best to finish my contract on 01/20 then leave the UK for a period of one year for my cooling off and return on 01/21 so that my visa is reset and I can stay for six years and apply for ILR after five years. Of course, I am hoping I can still find an employer by then. Our salary does not reach the salary requirement; but because we are on the Shortage List, we do not have to worry about that. If I choose to resign on 01/21 and return a year after, there is a chance that we will still be on the Shortage Occupation List.

But if I take my chances and continue my current employment, renew my visa on 01/20 and apply for ILR on 10/22 and my application is refused, I will have to rest for a year. This means that my next ILR application will be on 10/28. If we are no longer on the Shortage Occupation List, I don’t think I will ever be able to comply with the income requirement.

Should I take my chances and continue working and apply for ILR on 10/22? Or is it best to resign and reapply a year after? Thank you!

What I want to confirm is if all my absences on my current leave (03/17 to 01/20) will be counted in separate 12-month periods even if I had my maternity leave after 11 January 2018? And if it’s fine to apply for ILR on 10/22?

I have a Tier 2 Visa which i got on 03/17 and will expire on 01/20. It is renewable for another three years (the usual CoS we get), which means I can stay in the UK till 01/23. Based on the 5-year route,the earliest I can apply for ILR is on 03/22. However, because i stayed outside the UK for 9 months (06/18 to 03/19) during my maternity leave, I am no longer eligible because of more than 180 days absence in any ROLLING 12-MONTH PERIOD. I had a difficult pregnancy, which is why I chose to go home early and give birth there. I also spent a few months to look after my baby.

However, on 07/18, Home Office said that if an applicant’s qualifying period includes leave granted before 11 January 2018, any absences from the UK during that leave must be considered on SEPARATE 12-MONTH PERIODS ending on the date of application. If I apply this rule on my current leave (03/17 to 01/20), I can apply for ILR on 10/22 instead of 03/22. I will then have stayed outside the UK for 170 days from 10/17 to 10/18, and another 170 days from 10/18 to 10/19.

Then again, I am unsure if Maternity Leave is considered an allowable absence. I am now torn between continuing my stay in the UK and apply for ILR on 10/22, or is it best to finish my contract on 01/20 then leave the UK for a period of one year for my cooling off and return on 01/21 so that my visa is reset and I can stay for six years and apply for ILR after five years. Of course, I am hoping I can still find an employer by then. Our salary does not reach the salary requirement; but because we are on the Shortage List, we do not have to worry about that. If I choose to resign on 01/21 and return a year after, there is a chance that we will still be on the Shortage Occupation List.

But if I take my chances and continue my current employment, renew my visa on 01/20 and apply for ILR on 10/22 and my application is refused, I will have to rest for a year. This means that my next ILR application will be on 10/28. If we are no longer on the Shortage Occupation List, I don’t think I will ever be able to comply with the income requirement.

Should I take my chances and continue working and apply for ILR on 10/22? Or is it best to resign and reapply a year after? Thank you!

What I want to confirm is if all my absences on my current leave (03/17 to 01/20) will be counted in separate 12-month periods even if I had my maternity leave after 11 January 2018? And if it’s fine to apply for ILR on 10/22?

hi! does anyone know the answer to this? also, if the first rule applies to my first grant of leave (03/17 to 01/20) and i intend to apply for ILR on 10/22, how will they count the continuous period? will it be backward from date of application? this is assuming my next grant of leave will be from 01/20 to 01/23

10/22 - 10/21 new rule
10/21 - 10/20 new rule
10/20 - 01/20 new rule
01/20 - 01/19 old rule
01/19 - 01/18 old rule
01/18 - 10/17 old rule

or is it
10/17 to 10/18 old rule
10/18 to 10/19 old rule
10/19 to 01/20 new rule
01/20 to 01/21 new rule
01/21 to 10/22 new rule

It will make a difference to my application because if they count backwards from 01/20, i will definitely go over 180 days. thanks!

Hi everyone! I hope someone can help me. I have decided to go home and use my cooling off period. My Tier 2 visa expires on January 2020, but I will go home on July 2019. How do I report this to the Home Office? As I wish to return by August 2020. Thank you!