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Does ILR 540 days continuous residence counter stop after 10 years?

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farazk86
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Does ILR 540 days continuous residence counter stop after 10 years?

Post by farazk86 » Sun Sep 27, 2020 4:24 pm

Hi,

I have just now started looking into ILR as I have now completed 10 years legally in UK.

I have a question based on the following criteria:
Continuous residence
Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
540 days in total
  • Is the 180 requirement 180 days in continuation? Such that one should not spend 180 days in one trip or 180 days per year?
  • I entered UK on 9/9/2010 and based on this my 10 years completed on 10/9/2020. During this time, I have been out of UK for 462 days.
Does the above 540 day count stop when 10 years complete? Or it is until date of ILR application? As I intend on applying for ILR in April 2020.

What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?

Thanks

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CR001
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Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by CR001 » Sun Sep 27, 2020 4:31 pm

Is the 180 requirement 180 days in continuation? Such that one should not spend 180 days in one trip or 180 days per year?
It is a single absence.
I entered UK on 9/9/2010 and based on this my 10 years completed on 10/9/2020. During this time, I have been out of UK for 462 days.
Does the above 540 day count stop when 10 years complete? Or it is until date of ILR application? As I intend on applying for ILR in April 2020.
It continues counting. Presumably you mean April 2021??
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?
Why not apply now? You could have applied in August already.
Char (CR001 not Casa)
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farazk86
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Posts: 140
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Pakistan

Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by farazk86 » Sun Sep 27, 2020 6:06 pm

CR001 wrote:
Sun Sep 27, 2020 4:31 pm
I entered UK on 9/9/2010 and based on this my 10 years completed on 10/9/2020. During this time, I have been out of UK for 462 days.
Does the above 540 day count stop when 10 years complete? Or it is until date of ILR application? As I intend on applying for ILR in April 2020.
It continues counting. Presumably you mean April 2021??
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?
Why not apply now? You could have applied in August already.
Yes, sorry, I meant 2021.

Oh no :( I was not expecting that.

So does that mean its 540 days until the date of my application? I thought it was 540 days in a 10 year period..

It has been some time since I visited home and I want to visit home before starting another visa process. I applied for my current Tier 2 in April this year and only yesterday got approval. Ideally I would have gotten my visa latest by June and then I would have applied for ILR now or in October, but due to Covid plans changed.

I would like to visit home before starting another 6 month visa application process is all

farazk86
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Posts: 140
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Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by farazk86 » Sun Sep 27, 2020 6:19 pm

Also, I have not yet given the Life in UK test.. thats why said April to give me some time

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seagul
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Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by seagul » Sun Sep 27, 2020 7:31 pm

farazk86 wrote:
Sun Sep 27, 2020 6:06 pm
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?

To keep it fullest deciphered, you need to have maintained 10 years of continuous residence until the date of application instead just when you have completed your 10 years. For example if you will apply today then despite having completed your 10 years six months ago will still need an unbroken 10 years of residence at the time of application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

farazk86
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Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by farazk86 » Sun Sep 27, 2020 9:59 pm

seagul wrote:
Sun Sep 27, 2020 7:31 pm
farazk86 wrote:
Sun Sep 27, 2020 6:06 pm
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?

To keep it fullest deciphered, you need to have maintained 10 years of continuous residence until the date of application instead just when you have completed your 10 years. For example if you will apply today then despite having completed your 10 years six months ago will still need an unbroken 10 years of residence at the time of application.
Many thanks for this clarification.

I have just one more question related to this, when counting the days out of UK, are the half days spent in UK (the days on departure and return flight) included in the 540 days count?

For example if I left UK on 2/11/2014 and returned on 5/11/2014: would this constitute 4 days out of UK or 2 days out of UK?

I have always taken the same flight out of UK as in departure has always been at 2:00 pm and return has always been at 11:30 am

Thank you

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seagul
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Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by seagul » Sun Sep 27, 2020 10:23 pm

farazk86 wrote:
Sun Sep 27, 2020 9:59 pm
seagul wrote:
Sun Sep 27, 2020 7:31 pm
farazk86 wrote:
Sun Sep 27, 2020 6:06 pm
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?

To keep it fullest deciphered, you need to have maintained 10 years of continuous residence until the date of application instead just when you have completed your 10 years. For example if you will apply today then despite having completed your 10 years six months ago will still need an unbroken 10 years of residence at the time of application.
Many thanks for this clarification.

I have just one more question related to this, when counting the days out of UK, are the half days spent in UK (the days on departure and return flight) included in the 540 days count?

For example if I left UK on 2/11/2014 and returned on 5/11/2014: would this constitute 4 days out of UK or 2 days out of UK?
2 days because date of departure and arrival into UK isn't counted as absence.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

farazk86
Member
Posts: 140
Joined: Sat Sep 02, 2017 11:46 am
Pakistan

Re: Does ILR 540 days continuous residence counter stop after 10 years?

Post by farazk86 » Sun Sep 27, 2020 10:46 pm

seagul wrote:
Sun Sep 27, 2020 10:23 pm
farazk86 wrote:
Sun Sep 27, 2020 9:59 pm
seagul wrote:
Sun Sep 27, 2020 7:31 pm
farazk86 wrote:
Sun Sep 27, 2020 6:06 pm
What I am asking is that now that my 10 years are complete, can I now leave UK without fear of going over 540 days?

To keep it fullest deciphered, you need to have maintained 10 years of continuous residence until the date of application instead just when you have completed your 10 years. For example if you will apply today then despite having completed your 10 years six months ago will still need an unbroken 10 years of residence at the time of application.
Many thanks for this clarification.

I have just one more question related to this, when counting the days out of UK, are the half days spent in UK (the days on departure and return flight) included in the 540 days count?

For example if I left UK on 2/11/2014 and returned on 5/11/2014: would this constitute 4 days out of UK or 2 days out of UK?
2 days because date of departure and arrival into UK isn't counted as absence.
Many thanks for your help :D

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