Immigrationboards.com

Hi there,

I am currently living in Edinburgh and have been on and off since I arrived on 3 December 2018 (BRP valid from 28/11/2018).

I am currently employed and my BRP is expiring on the 28/11/2023 so was looking to apply for ILR in October. I counted the days I left in my first year and I left for 2/3 weeks longer than the 180 days in a 12 month period as I was working on the yachts in Europe. All the other years, I have left for less than 180 days. I believe this means I do not qualify to apply for ILR this year - is there anything I can do about this as I didn't leave for much longer than the required amount? Was just wondering if someone was in the same boat. Very annoyed at my past self as I was silly to leave for so long but was not thinking of the future.

If I cannot apply for ILR this year, my next question is do I have to renew my ancestral visa and stay another 5 years on it before I can apply for ILR?

Would appreciate any advice as feeling a bit panicked. Thanks so much.

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

zimba wrote: ↑

Tue Aug 08, 2023 3:06 pm

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

Thank you Zimba! So i will have to renew my ancestral and pay the NHS surcharge but I can apply again for ILR in one year then? Just because it says you can only apply 28 days for ILR before your BRP expires.

Yes. Your visa expiry is totally irrelevant. You apply for ILR when you are eligible, whether you have 10 days left or 2 years left on your visa makes no difference whatsoever for your ILR application