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Calculation of Absence outside of UK for ILR Application

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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lemonsing
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Joined: Mon Apr 23, 2018 10:34 am
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Calculation of Absence outside of UK for ILR Application

Post by lemonsing » Thu Jun 04, 2020 12:39 am

Dear IB fellows,

I have some confusion on the absence of calculating rules base on the document from Home Office -- 180 whole days absence No more than 180 days’ absences are allowed in a consecutive 12-month period.

what does a consecutive 12 month period mean? does it mean any 365 days, for example, 10/06/2019 - 09/06/2020? or any 12 months, for example, 201906 - 202005?

I am a Tier 2 visa holder, my visa will expire on 14/11/2022, during the 5-year period 14/11/2015 - 14/11/2021, I only have 2 absences.

First travel: 10/06/2019 - 14/06/2019: 5 days
Second Travel: 12/22/2019 - 06/16/2020: 178 days.

In my opinion, if a consecutive 12 month period means any 365 days, see below:

"any a consecutive 12 month period" "absence of first travel" "absence of second travel" "total absence"
20190617 - 20200616 ## 0 ## 178 ## 178
20190616 - 20200615 ## 0 ## 177 ## 177
20190615 - 20200614 ## 0 ## 176 ## 176
20190614 - 20200613 ## 1 ## 175 ## 176
20190613 - 20200612 ## 2 ## 174 ## 176
20190612 - 20200611 ## 3 ## 173 ## 176
20190611 - 20200610 ## 4 ## 172 ## 176
20190610 - 20200609 ## 5 ## 171 ## 176
20190609 - 20200608 ## 5 ## 170 ## 175
...

if a consecutive 12 month period means any 12 months, then

"any a consecutive 12 month period" "absence of first travel" "absence of second travel" "total absence"
201906 - 202005 ## 5 ## 162 ## 167
201907 - 202006 ## 0 ## 178 ## 178

then anyway my total absence is less than 180 days, am I right? if I am wrong, could you please let me know how to calculate?

Thank you very much.

Thanks,
Mei

lemonsing
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Posts: 15
Joined: Mon Apr 23, 2018 10:34 am
China

Re: Calculation of Absence outside of UK for ILR Application

Post by lemonsing » Thu Jun 04, 2020 2:39 am

Sorry, just correct one thing:

My Tier 2 visa period is 2019/11/14 to 2024/11/14, but not 2015/11/14 to 2020/11/14.

Thanks,
Mei

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zimba
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Re: Calculation of Absence outside of UK for ILR Application

Post by zimba » Thu Jun 04, 2020 4:15 pm

The consecutive 12 month period means any 12 months. That is what rolling basis means. So you should check if in any period of 12 months, anywhere in the last 5 years, whether you exceeded the 180 days or not.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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