Immigrationboards.com

Hi,

I would appreciate your help.

I need help regarding breaking continuous residence for 10 years ILR route after the new rules on 11 April 2024.
I will have 10 years of residence by Sep 2025. I am confused about the transitional arrangements for applicants.
The Home Office continuous residence guidance mentioned that:
• any single absences started before 11 April 2024 must be no longer than 184 days
• a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
• from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period
I am confused about the third point “180 days in any 12-month period”.
I have been outside the UK several times (not a single absence) between 1 Oct 2023 and 10 April 2024 and the time outside the UK adds up to 140 days during this period, I don’t know which of the following applies to me:
1- I have 40 days left up to 30 Sep 2024 (180 days in 12-month period from 1 Oct 2023 to 30 Sep 2024)
2- I have 180 days from 11 April 2024 to 10 April 2025.
Also, I understand from second point that the 548 days rule is no longer applicable to me as my 10-year period extends beyond 11 April 2024. Is this right?

Before 11 April 2024, you should NOT have any continuous period of absence that is 184 days or more.

Form 11 April 2024, you should NOT have absences of more than 184 days in ANY 365-day period in total (rolling calculation)
So for a rolling calculation, you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total.

Thank you zimba for your quick response.

For the rolling calculation 365 period: Will this rolling calculation combine absences before 11 April and after 11 April?
i.e., Disctere absences in the period (1 Oct 2023 - 10 April 2024) will be combined with absences in the period (11 April 2024 - 30 Sep 2024) and the total number of days during this 365 day period (1 Oct 2023 - 30 Sep 2024) should be <=184.

OR the rolling calculation only applies from 11 April 2024, so the first 365 rolling period will be 11 April 2024 to 10 April 2025.

It is the latter. If the period of absence started before 11 April 2024, then the old rules still apply. So if you left the UK in March 2024 and returned in May 2024, as the period of absence started before 11 April 2024, so the old rules will apply.

This is very helpful thanks.

Just confirming I got it right, I am giving my records
I was absent for 130 days between 1 Oct 2023 and 4 April 2024 (all these absences started and ended before the new rules).
Then I left the UK again on 15 April 2024 (started a new absence).

If I stayed outside the UK for example for 90 days, this will not be added to the previous 130 days before 11 April. Is this correct from your understanding?

Correct. Your current absences will only be part of a rolling calculation since 11 April 2024

Thank you for your help.