Clarification on 180 days continuous period rule

Hi there,

The following has been indicated in "Indefinite leave to remain: calculating continuous period in UK" (https://assets.publishing.service.gov.u ... -v18.0.pdf).

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

And my qualifying period includes the the dates between entry clearance issue and actual entry in to the UK. In this case, do I need to include the period between entry clearance issue and actual entry in to the UK as my absence?

Thank you!

Is yours 5 year or 10 year route?

Different set of conditions apply.

Yes it’s included, so you need to ensure you do not exceed 180 days in total in a year after the inclusion.

Thanks for the responses. Mine is a 5 years route.

Specifically, I would like to understand whether this absence needs to be included in the ILR online application or is it just used in the 180 days calculation, but not required to be added to the ILR online application?

selvam_pec51 wrote: ↑

Mon Sep 09, 2019 2:24 pm

Thanks for the responses. Mine is a 5 years route.

What visa route is it for? The rule does not apply to all visa categories applying for ILR.

Hello there,

I have got the following leave to remain grants:

Grant 1 -> Jan 2015 - ...
Grant 2 -> Jan 2017 - Jan 2020

Would like to understand/confirm that the second grant (Jan 2017 - Jan 2020) falls under the previous separate consecutive 12- month periods rule (as it was granted before 11 January 2018) rather than the new rolling basis rule?

Thanks!

It's Tier 2 (General) visa route.

Thanks CR001. Have created a separate thread on 180 days clarification as I thought it would be good to separate topics so that would be easy for others to ref. threads by topic. But, I understand your point on keeping the details in one place so that it doesn't require for me to repeat the details again on multiple threads. Not sure, which one is correct for my case/in this case and happy for you to merge the threads if required. Thanks!

Could someone help me with my queries please? thanks

From your posts, it seems you are on Tier 2 General Visa, and not a dependant.

From what I know, 180 days absence rule was always there for Tier 2 General people.
( Read the topic Absences on page 59 in the Tier 2 Guidance https://assets.publishing.service.gov.u ... 8-2019.pdf )

You cannot have had more than 180 days absence from the United Kingdom during any consecutive 12 month period within the 5 year period.

Thanks aby00156. Yes, you are right about the 180 days rule in general, but in 11 January 2018, the rule (ref. https://assets.publishing.service.gov.u ... -v18.0.pdf) has been changed a bit that the 180 days absence should not be there in any 12 months on a rolling basis. Per the new rule, just wanted to confirm that my second grant (2017 - Jan 2020) falls under the previous separate consecutive 12- month periods rule or just a part of it (before 11 January 2018)? thanks!

For you, the absences will be calculated separate consecutive 12-month periods. and not on a rolling basis as your 2nd grant was in 2017 which was before the rule changed.

Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.

Thanks aby00156!

Got couple of more questions..

- I am currently living with my friend, is it Ok to put "Living with friend and friend owns the property" for the following question (in the ILR application form)? Do I need to produce any document for this?

Give more details about your living situation, such as who you live with and who owns the property

- I had taken extended unpaid sick leaves (following absences) in my last five consecutive years.

28th Sep '14 - 27th Sep '15 -> 151 days
28th Sep '15 - 27th Sep '16 -> 159 days
28th Sep '16 - 27th Sep '17 -> 0
28th Sep '17 - 27th Sep '18 -> 62 days
28th Sep '18 - 27th Sep '19 -> 166 days

I was still employed in the UK during the above absences. Have requested my employers to provide absence letters for each of the absences. Though these absences haven't exceeded 180 days limit/per year and that I can hopefully produce letters for each absences, the above absences likely to cause any issues with my ILR application?

Thanks!

Could someone please help me with my queries? thanks

Anyone happy to help with my queries please? thanks!

Mention all the absences in which you were out of the UK. Get an employer letter supporting that.
As per immigration rules, you should not have any problem as long as they are less than 180 days a year but UKVI can refuse an application or ask for more details if they doubt the genuinely of the applicant.

Thanks aby00156!