Tier 2 General Migrant - ILR 180 days absence questions! Help please

[MKYLCS]

Hello, im really new at this, but i have very few and clear questions and would mean a lifesaver if someone can answer these questions for me.

Im in love with the UK, but i have a LOT of business travels for my UK employer. So much that i got very close to the 180 day mark and i have few questions to understand some stuff so i make sure i don't break it and regret after for the rest of my life.

All questions are related to the 180 day ILR rule.


1) If i travel from UK to Netherlands (For example 26th-28th October), will only one day (27th) be counted towards my absency? Since i was still in UK (Departure with airplane) on 26th and on 28th (Arrival with airplane).

2) When providing employer letter to clarify all my absencies from UK for the ILR application, do i need letters that clarify all of these below or just some of them? -

- Business trips
- Holidays
- Work for home (For example i got permissions from my direct manager and the company to spend 7-8 days in my country and work from there - all paid as normal of course)

3) MOST IMPORTANT QUESTION - I received permission/visa to be in UK on 3rd January 2018 and it will last until 3rd January 2021. After dealing with my new employer and completing everything, i arrived to UK on 17th January.

Is the period between 3rd January - 17th January counted towards the 180 day rule? Or to put it like this, are those 15 days marked like i wasn't in UK, so i have 165 days left in this ongoing 12 months? Or the counter starts on 17th as that was the first day i entered UK under the sponsorship of my employer.

4) One of my absences (7-8 days) was made because i had a death case in my family and i had to travel home to prepare the funeral and everything else. Can such absence not be counted in the 180 day rule? If i provide evidence with the death certificate and also approval from my company to work from home (paid) during those days.


Thank you for reading, i hope some of you kind souls are able to clarify these things for me. Would mean a world to me <3

[MKYLCS]

Sorry, i also missed the last very important question, couldn't edit the first post:

5) If i extend my stay in UK via my employers sponsorship on 3rd January 2021 for 3 more years or whats the limit, does that mean that EVEN if i fail 180 day rule on first year (2018), i can still complete 5 years period 2019, 2020, 2021, 2022, 2023 succesfully without being absent more than 180 days in ongoing 12 month period and be clear to apply for ILR?

[zimba]

1) If i travel from UK to Netherlands (For example 26th-28th October), will only one day (27th) be counted towards my absency? Since i was still in UK (Departure with airplane) on 26th and on 28th (Arrival with airplane).

Only full days counts towards the 180 days limit

2) When providing employer letter to clarify all my absencies from UK for the ILR application, do i need letters that clarify all of these below or just some of them? -

ALL absences from the UK must be covered by the letter

3) MOST IMPORTANT QUESTION - I received permission/visa to be in UK on 3rd January 2018 and it will last until 3rd January 2021. After dealing with my new employer and completing everything, i arrived to UK on 17th January.
Is the period between 3rd January - 17th January counted towards the 180 day rule? Or to put it like this, are those 15 days marked like i wasn't in UK, so i have 165 days left in this ongoing 12 months? Or the counter starts on 17th as that was the first day i entered UK under the sponsorship of my employer.

Yes, they will count towards the 180 days IF you want to apply for ILR in 5 years time, based on your visa issue date

4) One of my absences (7-8 days) was made because i had a death case in my family and i had to travel home to prepare the funeral and everything else. Can such absence not be counted in the 180 day rule? If i provide evidence with the death certificate and also approval from my company to work from home (paid) during those days.

ALL absences from the UK count towards the 180 days, regardless of the nature or reason for your absence

5) If i extend my stay in UK via my employers sponsorship on 3rd January 2021 for 3 more years or whats the limit, does that mean that EVEN if i fail 180 day rule on first year (2018), i can still complete 5 years period 2019, 2020, 2021, 2022, 2023 successfully without being absent more than 180 days in ongoing 12 month period and be clear to apply for ILR?

You cannot remain on a Tier 2 visa beyond 6 years in total, so you better have min of 5 years of continuous stay in the UK and remain below 180 days per residence year to secure ILR

[MKYLCS]

Ok so to clarify, after spending minimum 5 years in UK, i can choose any date i wish to apply for ILR? (Lets say it's convenient for me to wait 1-2 months to apply for it if it for example clears me from some absence days from the first 1-2 months of my time in UK, just enough so it's below).

Example:
Visa granted: 3rd January 2018
Had an absence between 3rd - 17th that i don't want to count
Visa lasts until: 3rd January 2021
Visa extended: 3rd January 2024

Potential application for ILR date - February or March 2023, as i want some of the absence days from January/February 2018 to clear out.

Would that work? These absence days wouldn't count because they look at 5 years before the ILR Application date? And if in that period i didn't go over 180 days through any ongoing 12 month period, im good?

[aman90]

Ok so to clarify, after spending minimum 5 years in UK, i can choose any date i wish to apply for ILR? (Lets say it's convenient for me to wait 1-2 months to apply for it if it for example clears me from some absence days from the first 1-2 months of my time in UK, just enough so it's below).

Example:
Visa granted: 3rd January 2018
Had an absence between 3rd - 17th that i don't want to count..
Visa lasts until: 3rd January 2021
Visa extended: 3rd January 2024


Potential application for ILR date - February or March 2023, as i want some of the absence days from January/February 2018 to clear out.


Would that work? These absence days wouldn't count because they look at 5 years before the ILR Application date? And if in that period i didn't go over 180 days through any ongoing 12 month period, im good?

Yes. As long as you have valid leave.. also keep in mind continuous period is calculated on a rolling basis now

[MKYLCS]

Ok so to clarify, after spending minimum 5 years in UK, i can choose any date i wish to apply for ILR? (Lets say it's convenient for me to wait 1-2 months to apply for it if it for example clears me from some absence days from the first 1-2 months of my time in UK, just enough so it's below).

Example:
Visa granted: 3rd January 2018
Had an absence between 3rd - 17th that i don't want to count..
Visa lasts until: 3rd January 2021
Visa extended: 3rd January 2024


Potential application for ILR date - February or March 2023, as i want some of the absence days from January/February 2018 to clear out.


Would that work? These absence days wouldn't count because they look at 5 years before the ILR Application date? And if in that period i didn't go over 180 days through any ongoing 12 month period, im good?

Yes. As long as you have valid leave.. also keep in mind continuous period is calculated on a rolling basis now

Dumb last question, valid leave means still having access to live in the UK via employer sponsorship?

[MKYLCS]

1) If i travel from UK to Netherlands (For example 26th-28th October), will only one day (27th) be counted towards my absency? Since i was still in UK (Departure with airplane) on 26th and on 28th (Arrival with airplane).

Only full days counts towards the 180 days limit

2) When providing employer letter to clarify all my absencies from UK for the ILR application, do i need letters that clarify all of these below or just some of them? -

ALL absences from the UK must be covered by the letter

3) MOST IMPORTANT QUESTION - I received permission/visa to be in UK on 3rd January 2018 and it will last until 3rd January 2021. After dealing with my new employer and completing everything, i arrived to UK on 17th January.
Is the period between 3rd January - 17th January counted towards the 180 day rule? Or to put it like this, are those 15 days marked like i wasn't in UK, so i have 165 days left in this ongoing 12 months? Or the counter starts on 17th as that was the first day i entered UK under the sponsorship of my employer.

Yes, they will count towards the 180 days IF you want to apply for ILR in 5 years time, based on your visa issue date

4) One of my absences (7-8 days) was made because i had a death case in my family and i had to travel home to prepare the funeral and everything else. Can such absence not be counted in the 180 day rule? If i provide evidence with the death certificate and also approval from my company to work from home (paid) during those days.

ALL absences from the UK count towards the 180 days, regardless of the nature or reason for your absence

5) If i extend my stay in UK via my employers sponsorship on 3rd January 2021 for 3 more years or whats the limit, does that mean that EVEN if i fail 180 day rule on first year (2018), i can still complete 5 years period 2019, 2020, 2021, 2022, 2023 successfully without being absent more than 180 days in ongoing 12 month period and be clear to apply for ILR?

You cannot remain on a Tier 2 visa beyond 6 years in total, so you better have min of 5 years of continuous stay in the UK and remain below 180 days per residence year to secure ILR

Zimba, "remain below 180 days per residence year" does that count for all the years i've been in UK or 5 years before i make the application for ILR? Lets say i do ILR application on 1st February 2023, will they check absences only from 1st February 2018 and ignore absences from January 2018?

Just need this last thing clarified , thanks!

[vinny]

At present, asbsences are based on a rolling basis within any 12 month period within the qualifying period.

However, when does the qualifying period start and end?

Anyway, who knows what the rules may be like in 2023?

[MKYLCS]

At present, asbsences are based on a rolling basis within any 12 month period within the qualifying period.

However, when does the qualifying period start and end?

Anyway, who knows what the rules may be like in 2023?

So if i choose to apply to ILR on lets say February 13th 2023, will they check my absences in January 2018, or they are ignored as they aren't part anymore of the 5 year period before the application date (which is Feb 13th 2023)?

[zimba]

The 5 years will be counted from the day of application (or day of the decision) and backwards. There are also TWO conditions to satisfy:

1-NO continuous 180 days or more absences from the UK ANYWHERE in the 5 years
2-NO more than 180 days absences from the UK per residence year

Under Tier 2 and based on the current rules, you need to meet the min salary threshold for ILR and also your sponsor needs to say they need you for a foreseeable future. The rules may change in the future

[aman90]

Enjoy urself but also try to take care of the intricacies of this tedious process.. Keep yourself updated on the changes.
Also for now rules for citizenship regarding continuous residence are different so keep that in account.. If that’s where you are headed.

[MKYLCS]

So if i choose to apply to ILR on lets say February 13th 2023, will they check my absences in January 2018, or they are ignored as they aren't part anymore of the 5 year period before the application date (which is Feb 13th 2023)?

Can i just get an answer YES or NO to my question above? Is the only thing bothering me . Would those days be ignored or counted anyways in some other rule (per residence year)

[aman90]

So if i choose to apply to ILR on lets say February 13th 2023, will they check my absences in January 2018, or they are ignored as they aren't part anymore of the 5 year period before the application date (which is Feb 13th 2023)?

Can i just get an answer YES or NO to my question above? Is the only thing bothering me . Would those days be ignored or counted anyways in some other rule (per residence year)

. Relax! The absence before 13 FEB 18 will be ignored..! Read Zimbas answers first line again

[MKYLCS]

Haha, just got confused by this

''2-NO more than 180 days absences from the UK for more than 180 days per residence year''

What does residence year mean here? All years i leaved in UK or just 5 years before the application date?

[aman90]

Haha, just got confused by this

''2-NO more than 180 days absences from the UK for more than 180 days per residence year''

What does residence year mean here? All years i leaved in UK or just 5 years before the application date?

The only period that matters is the 5 years preceding you application date..

From what I’ve understood from the 2 points:
Date of application: 13/03/23
12/03/23-13/03/22 - non continuous 180 days absence allowed.
Although my understanding of the 12 month rolling period was a bit different.
I calculated mine on every month going back 12 months which turned out that I had 180 days absences on the dot in one rolling period which otherwise would have been fine if it was year to year.
I hope this makes sense. I suggest you read the links and guidance before asking questions. Lots of answers are plainly there and come back for the ones you find difficult to interpret.

[MKYLCS]

I can choose whenever i want to apply to ILR right? There is no fixed date i have to do it? Of course, as long as i have access to UK under my sponsorship of employer?

[CR001]

You cannot hold tier 2 for more than 6 years so for ILR you can apply at any point between reaching the 5 year requirement and expiring of your visa at the end of the 6th year.

All as the rules are now. Anything can change before you reach ILR stage.

[MKYLCS]

You cannot hold tier 2 for more than 6 years so for ILR you can apply at any point between reaching the 5 year requirement and expiring of your visa at the end of the 6th year.

All as the rules are now. Anything can change before you reach ILR stage.

Got it. Im probably gonna fail 180 days because of my absences in January/February this year, but i guess if i apply a bit later into my 5th year, those absences in January/February won't be counted, am i getting this right? (If rules stay unchanged and i respect 180 day rule in any continous period of ongoing 12 months)

[zimba]

Correct