ILR new 180 day rule

This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

search on this forum please...there are hundreds of threads for the same topic mate.

I am sorry, but can't find anywhere about my specific questions. Every one is worried about 180days in qualifying period.

syed_ILR wrote:

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

search on this forum please...there are hundreds of threads for the same topic mate.

Read page 19 of the doc u have in ur mail

I see you are one of those smart people...I have read it and that's exactly my question (refer to the extract) (I am not as smart as you are agreed). And what about the rest of the questions?!!

syed_ILR wrote:Read page 19 of the doc u have in ur mail

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

Yes it means what it says that you not stay more than 180 days in any given year during the qualifying period.

Well you have to take/send both of your passports that are in use during the qualifying period. I remember, when the list of absences along with proof was given to case worker and told him that every single entry/exit is listed. The case worker nodded her head and said,"We will check every stamp personally".

I still think the list of leaves with page number for entry exit will help the caseworker a bit to check the absences with your provided list. I suppose this will answer your question.

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

regarding your 180 day rule query:

it's 180 days for every 12 consecutive months preceding your application date. Note that 'the five, two, three or four' refers to the 'set of 12 months'. In other words: Five 12 month periods, two 12 month periods, etc. Since the ILR qualifying period is different for different applicants, some qualify for 5 year and some for 2 year and some 3 year, etc. For tier 1 applicants, it's 5 years (i.e five consecutive 12 month periods)

hope that helps.

Thanks all for your feedback...appreciate your time answering..Now I can go on a holiday without worrying 180day rule

newbie_2013 wrote:

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

regarding your 180 day rule query:

it's 180 days for every 12 consecutive months preceding your application date. Note that 'the five, two, three or four' refers to the 'set of 12 months'. In other words: Five 12 month periods, two 12 month periods, etc. Since the ILR qualifying period is different for different applicants, some qualify for 5 year and some for 2 year and some 3 year, etc. For tier 1 applicants, it's 5 years (i.e five consecutive 12 month periods)

hope that helps.

newbie_2013 wrote:

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

regarding your 180 day rule query:

it's 180 days for every 12 consecutive months preceding your application date. Note that 'the five, two, three or four' refers to the 'set of 12 months'. In other words: Five 12 month periods, two 12 month periods, etc. Since the ILR qualifying period is different for different applicants, some qualify for 5 year and some for 2 year and some 3 year, etc. For tier 1 applicants, it's 5 years (i.e five consecutive 12 month periods)

hope that helps.

A quick one, does this rule apply to people who arrived from 6th of April or for people who are to apply for ILR irrespective of when they have arrived - thanks

A quick one, does this rule apply to people who arrived from 6th of April or for people who are to apply for ILR irrespective of when they have arrived - thanks[/quote]

This rule is ILR requirement, what is 6th April here? What year are you referring to? 2013 ?

immirams wrote:

newbie_2013 wrote:

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Does that mean I can not stay more than 180 days in any given year or is it for the whole qualifying period?!

It took me two hours (from my passport stamps) to calculate the days I was outside UK during that period (the longest I have been out was 19 days and most of my trips were weekend trips to the continent). That proves my home has always been the UK. I have also read that as long as you don't exceed your annual leave during your employment that 180days rule doesn't apply, how true is it?!!

How stringent are they checking the stamps and calculating. I have few stamps in my old passport. Do I need to send both passports along with the application?!!

Appreciate your help

Thanks

regarding your 180 day rule query:

it's 180 days for every 12 consecutive months preceding your application date. Note that 'the five, two, three or four' refers to the 'set of 12 months'. In other words: Five 12 month periods, two 12 month periods, etc. Since the ILR qualifying period is different for different applicants, some qualify for 5 year and some for 2 year and some 3 year, etc. For tier 1 applicants, it's 5 years (i.e five consecutive 12 month periods)

hope that helps.

A quick one, does this rule apply to people who arrived from 6th of April or for people who are to apply for ILR irrespective of when they have arrived - thanks

Well the 6th April doesnt matter. As far as I know you need to fullfill the rules of the ILR that are in place at the time of your application.

Hi Guys..

Thanks for reading my quote.
I am on Tier 1 HSMP visa. I traveled out of UK as under.

My Visa from Aug 2009 to Dec 2014.
21/02/2010 09/04/2010 47 days
05/02/2011 23/03/2011 47 Days
05/06/2011 24/07/2011 50 days
01/03/2013 20/05/2013 81 Days

I am working with Govt. Sector and most of the Holidays we are getting back when employer converting OT in to Leave.
Now My problem is I stay around 225 days out of UK, which is 45days more then 180 days.
I got most of the Holiday was paid and I also can submit Payslips for That.

But In last Year Just One week I my father was not feeling well and they were coming with me so I stayed 10 days on Special Leave (Without Pay)

So I am applying now for ILR so could anyone Guide me that If I can provide Doctor Certificate for that will it be Valid? Or Which Other way Shall I go?

Please Guide me ASAP... Appreciate all your Answers.

Thanks.

kumarsh wrote:Hi Guys..

Thanks for reading my quote.
I am on Tier 1 HSMP visa. I traveled out of UK as under.

My Visa from Aug 2009 to Dec 2014.
21/02/2010 09/04/2010 47 days
05/02/2011 23/03/2011 47 Days
05/06/2011 24/07/2011 50 days
01/03/2013 20/05/2013 81 Days

I am working with Govt. Sector and most of the Holidays we are getting back when employer converting OT in to Leave.
Now My problem is I stay around 225 days out of UK, which is 45days more then 180 days.
I got most of the Holiday was paid and I also can submit Payslips for That.

But In last Year Just One week I my father was not feeling well and they were coming with me so I stayed 10 days on Special Leave (Without Pay)

So I am applying now for ILR so could anyone Guide me that If I can provide Doctor Certificate for that will it be Valid? Or Which Other way Shall I go?

Please Guide me ASAP... Appreciate all your Answers.

Thanks.

You've done it yourself: are any of your absences in a single 12 month period OVER 180 days?

Re-read through the rules quoted earlier in this thread...

[quote="kumarsh"]Hi Guys..



My Visa from Aug 2009 to Dec 2014.
21/02/2010 09/04/2010 47 days
05/02/2011 23/03/2011 47 Days
05/06/2011 24/07/2011 50 days
01/03/2013 20/05/2013 81 Days

I am working with Govt. Sector and most of the Holidays we are getting back when employer converting OT in to Leave.
Now My problem is I stay around 225 days out of UK, which is 45days more then 180 days.

where in the table have u mentioned 225 days?? you are confusing me by given the break up of holidays and not mentioning the 225 days gap!

immirams wrote:This is an extract from Homeoffice website

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Do you satisfy this?

Dear Syed

Thanks for reply. I had mentioned total 5 years of break up. if we total its 225 days in 5 years period. As I have information and advice from someone who said me that 'You can't go more then 180 days in 5 years' but as you mentioned 180 days for each year?

Bit Confused..

Reply Please.

syed_ILR wrote:

kumarsh wrote:Hi Guys..



My Visa from Aug 2009 to Dec 2014.
21/02/2010 09/04/2010 47 days
05/02/2011 23/03/2011 47 Days
05/06/2011 24/07/2011 50 days
01/03/2013 20/05/2013 81 Days

I am working with Govt. Sector and most of the Holidays we are getting back when employer converting OT in to Leave.
Now My problem is I stay around 225 days out of UK, which is 45days more then 180 days.

where in the table have u mentioned 225 days?? you are confusing me by given the break up of holidays and not mentioning the 225 days gap!

Hi Physicskate

Thanks for reply..

So it is not 180 days in entire 5 year period?
As I had informed by some one who adviced me that you must not go 180 days out of UK in entire 5 years, they are not counting 1 year period.

Reply please.

Thanks.

physicskate wrote:

kumarsh wrote:Hi Guys..

Thanks for reading my quote.
I am on Tier 1 HSMP visa. I traveled out of UK as under.

My Visa from Aug 2009 to Dec 2014.
21/02/2010 09/04/2010 47 days
05/02/2011 23/03/2011 47 Days
05/06/2011 24/07/2011 50 days
01/03/2013 20/05/2013 81 Days

I am working with Govt. Sector and most of the Holidays we are getting back when employer converting OT in to Leave.
Now My problem is I stay around 225 days out of UK, which is 45days more then 180 days.
I got most of the Holiday was paid and I also can submit Payslips for That.

But In last Year Just One week I my father was not feeling well and they were coming with me so I stayed 10 days on Special Leave (Without Pay)

So I am applying now for ILR so could anyone Guide me that If I can provide Doctor Certificate for that will it be Valid? Or Which Other way Shall I go?

Please Guide me ASAP... Appreciate all your Answers.

Thanks.

You've done it yourself: are any of your absences in a single 12 month period OVER 180 days?

Re-read through the rules quoted earlier in this thread...