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ILR - Rule of 180 days?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AZ007
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ILR - Rule of 180 days?

Post by AZ007 » Mon Jan 31, 2022 6:20 pm

Hello everyone,

I'm on a tier 2 visa (general) and expect to apply for ILR by the end of 2022. My employer asked me if I could go for a deployment abroad for 6 months and I already have been on holiday for 3 weeks this year so most probably if I accept I will break the rule of 180 days outside the country per year and this could affect my ILR application as I understand.

My question now, if I will be out of the country for more than 180 days, does this will affect the application of my dependants (wife and son) as well?

Many thanks

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CR001
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Re: ILR - Rule of 180 days?

Post by CR001 » Mon Jan 31, 2022 6:22 pm

It depends when their last visa was granted. If after 11 January 2018, then yes they are also subject to the 180 days absence limit.

Note also that they cannot apply for ilr without you applying.
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AZ007
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Re: ILR - Rule of 180 days?

Post by AZ007 » Mon Jan 31, 2022 6:29 pm

CR001 wrote:
Mon Jan 31, 2022 6:22 pm
It depends when their last visa was granted. If after 11 January 2018, then yes they are also subject to the 180 days absence limit.

Note also that they cannot apply for ilr without you applying.
Thank you for your reply.

- My dependants will not break the 180 days absence limit as they will not travel with me.

- I understand that they can only apply if I apply, but what if I receive a refusal? They will automatically receive a refusal as well?

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CR001
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Re: ILR - Rule of 180 days?

Post by CR001 » Mon Jan 31, 2022 6:31 pm

- My dependants will not break the 180 days absence limit as they will not travel with me.
Their visas are dependent on you being in the UK and working in the UK. If you leave for 6 months, your employer has to report this through the SMS system.
- I understand that they can only apply if I apply, but what if I receive a refusal? They will automatically receive a refusal as well?
Yes, they can only get ilr if you do.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AZ007
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Re: ILR - Rule of 180 days?

Post by AZ007 » Mon Jan 31, 2022 6:35 pm

CR001 wrote:
Mon Jan 31, 2022 6:31 pm
- My dependants will not break the 180 days absence limit as they will not travel with me.
Their visas are dependent on you being in the UK and working in the UK. If you leave for 6 months, your employer has to report this through the SMS system.
- I understand that they can only apply if I apply, but what if I receive a refusal? They will automatically receive a refusal as well?
Yes, they can only get ilr if you do.
Thank you so much

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