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Regarding the absences from the UK

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

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Grkan
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Posts: 1
Joined: Sun Jul 30, 2023 4:40 pm
Turkey

Regarding the absences from the UK

Post by Grkan » Sun Jul 30, 2023 5:30 pm

Dear All,

I am currently holding Global Talent Visa (GTV) obtained via route 2 and endorsed by Royal Academy of Engineering. My first permit’s date of issue is 04.08.2021 and I entered the UK on 14.09.2021, then extended my visa until 25.5.2025. I will start calculating my 3-year period for ILR in 2024.

I have the following questions:

1) I have come across the following statement on gov. web-site.

Period between the issue of entry clearance and entering the UK:

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 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.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

According to the above statement, Should I make my yearly backward calculations considering my date of issue (04.08.2021) or the date I entered the UK (14.09.2021) from 04.08.2024 or 14.09.2024, respectively? Some say I need to consider the date I entered the UK and according to the following it seems that I need to consider the date of issue for calculating the 180-day absence? This is important for me as there is 40 days in between my visa's date of issue and my entry to the country.

2) I am aware that GTV holders are allowed to be absent from the UK for 180 days in any rolling 12-month period. I could not see any other absence rule on the related GTV gov. web-pages. However, many also say that there is another general rule. Before acquiring ILR you should not be absent 270 days in total in 3 years, and 90 days in one year after acquiring ILR and before applying for citizenship. Are these general rules also valid and required for GTV holders? If so, can you please share a related document or web-site?

3) We had a baby in the UK in July 2022, although me and wife are not ILR holders. As far as I know, once one of the parents gets the ILR, we can apply for the baby’s citizenship. My question here is Does the baby need to obey the 180-day in any rolling year (and/or 270 days in 3 years) rule like us? Because my wife wants to return to our home country with our baby. So, under such circumstances, I will be getting the ILR and our baby will be eligible for citizenship thanks to me.

Looking forward to your responses,
Thank you very much
Gurkan

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