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Hello Team,

I am currently in the process of applying for ILR (Applying as a partner). While filling application form, I came across a clause that says no application holder should have "no more than 180 days absence from the UK in any consecutive period of 12 months within the five year qualifying period". I am bit confused about this statement and need a better clarification.
Since i got my first dependent visa issued by UK on 2nd July 2019 (The day when I first enter in UK was 4th July 2019). So

First question: Do I need to consider my first 12 month consecutive period from 4th July 2019 till 4th July 2020 or 2nd July 2019 till 2nd July 2020?

Second question : Is regarding 180 days absence from the UK. So as per above statement, which says "no application holder should have no more than 180 days absence from the UK in any consecutive period of 12 months within the five year qualifying period", that means I should not be away from UK from 2nd July 2019 till 2nd July 2020 (My first year in UK) for more than 180 days.

Third Question : Do I need to consider my absence from the day I got UK visa issued (2nd July 2019) till the date I first enter in the UK (4th July 2019)?

I was away from UK from 2nd July 2019 till 2nd July 2020 for below dates :

Out. In. Gap
Absence 1 : 12th July 2019 8th Aug 2019 26 days
Absence 2 : 27th Aug 2019 18th Dec 2019 112 days
Absence 3 : 28th Dec 2019 20th Jan 2020. 22 days
Absence 4 : 2nd Feb 2020. 4th March 2020 30 days
---------------------
Total gap : 190 days

So total 190 days I was away, which is more than 180days days absence. Am I right? is what I understood is correct?

If I am away for more than 180 days then what shall I do so that this condition won't hinder my decision on IRL.


Any help is much appreciated !

Thanks,
Shikha

The family route does NOT have any absence limits. Are you applying using form SET(M) or are you a skilled worker dependant applying using form SET(O) ?

I am applying for skilled worker dependent using form SET(O)

The absences should be calculated in a rolling fashion, so no more than 180 days in ANY 365-day period. Thus there is no first 12 months, second 12 months, etc. Your qualifying period starts from the first visa issue date and any initial absence will have to be counted towards the absence limit.

However, note that the caseworker calculates your qualifying period from a suitable date (often the date of decision) and counting back, so any absence outside of that window will be ignored. This way the very early absences can be excluded and you may qualify. I explained how it works here: Applicants can benefit from the date of the ILR decision

Thank you for the clarification !