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90 days Absences in Last Year Calcuation

Posted: Wed Jan 25, 2023 1:50 pm
by scholar7980
Hi,

I am due to apply for BC in February and have a question around absences in the last 12 months.

I plan to apply on Feb 21th when my absences for the last year will be at 90 days exact. I was not in the UK on Feb 11th, 2022 as I was out of the country between Dec 2021 - Feb 28, 2022.

Is it ok to consider part of this trip from last year towards my 90 days (Feb 11th 2022 - Feb 28th 2022)?

A second question, On Feb 12th , my absences for the last year will be at 100 days exact. I meet all other requirements (5 year route based on Tier 1 ET+ ILR). In that case, would it not be preferable to apply on Feb 12th as discretion will be exercised by the case worker as per current rules if all other requirements are met?

Re: 90 days Absences in Last Year Calcuation

Posted: Wed Jan 25, 2023 2:52 pm
by alterhase58
Well up to 100 days is "normally disregarded" so if you wish apply with that.
You won't really gain anything by waiting another 10 days and be on target.
Your choice.

Re: 90 days Absences in Last Year Calcuation

Posted: Wed Jan 25, 2023 6:05 pm
by scholar7980
Thank you for your response. I am assuming the first question is good to go? "Is it ok to consider part of this trip from last year towards my 90 days (Feb 11th 2022 - Feb 28th 2022)?"

Re: 90 days Absences in Last Year Calcuation

Posted: Wed Jan 25, 2023 6:39 pm
by alterhase58
scholar7980 wrote:
Wed Jan 25, 2023 6:05 pm
Thank you for your response. I am assuming the first question is good to go? "Is it ok to consider part of this trip from last year towards my 90 days (Feb 11th 2022 - Feb 28th 2022)?"
All absences that fall in the last 12 months must be included, irrespective of whether part of the trip took place earlier than the 12 months, counted back from the application date.