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Hi,
I arrived in the UK in September 2016 and have spent the last 8 years here. I plan to apply for my ILR in September 2026 and am currently on a tier 2 work visa.

I have not spent more than 180 days abroad in any period from September 2024 to September 2023 going backwards for 12 months. My first question is whether this will be my rolling period when I apply for my ILR?

Secondly, in my first year due to my course finishing early, I spent a substantial amount of time in my home country, although this did not exceed the 180-day limit, it made me exceed the 548-day limit that was in place before 11th April 2024. So another question I have is how the rule change works, what exceeding the 548-day limit means for my application, and what this means for my future travel plans.

The old rules still apply to all absences starting before April 2024. If you fail the 548-day limit before April 2024, then you do not qualify.
Rolling period means you cannot have more than 180 days of absence in any continuous 365-day period, anywhere in your qualifying period. However the rolling calculation only applies to absence periods starting from 11 April 20104.

Read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Thanks for your reply. In the case that I might have gone over 180 days slightly in a 12 month period in total absences prior to April 11th 2024, that will not affect my application?

Also, @zimba would any future dates of travel be added to my total absences and count towards the 548 days?

Thanks

movenom wrote: ↑

Wed Oct 02, 2024 4:46 pm

Thanks for your reply. In the case that I might have gone over 180 days slightly in a 12 month period in total absences prior to April 11th 2024, that will not affect my application?

Yes that means you will fail the requirement.

movenom wrote: ↑

Wed Oct 02, 2024 8:57 pm

Also, @zimba would any future dates of travel be added to my total absences and count towards the 548 days?

Thanks

No. Did you read the link above ?

Hi,
Thanks for your reply.
Yes I did @zimba
I have read many sources but they seem to contradict themselves at times.
I was under the impression that the rule prior to April 11th was that one single trip could not be more than 184 days. I have had multiple trips in total around the 180 day mark. Does the rolling period apply prior to April 11th?

movenom wrote: ↑

Thu Oct 03, 2024 11:02 pm

Hi,
Thanks for your reply.
Yes I did zimba
I have read many sources but they seem to contradict themselves at times.
I was under the impression that the rule prior to April 11th was that one single trip could not be more than 184 days. I have had multiple trips in total around the 180 day mark. Does the rolling period apply prior to April 11th?

Do not confuse yourself by reading every thing you can find. You clearly did not properly read the link I provided. It is very very clearly explained as the old rules apply to all absences that started prior to 11 April 2024 and the new rules only apply to absences that started after that date. So the rolling calculation does NOT apply to absences that started before 11 April 2024. Please go back and read the explanation under the link again

Post April 11th 2024 below

* Baku: 9 Aug 2024 - 22 Aug 2024 (14 days)
* Pakistan: 10 Oct 2024 - 2 Feb 2025 (115 days)

Pre April 11th 2024 Absences below

1. 29 September 2023 - 29 September 2024

* Berlin: 7 Oct 2023 - 10 Oct 2023 (4 days)
* Pakistan: 25 Dec 2023 - 5 Feb 2024 (42 days)
* Pakistan: 15 Mar 2024 - 10 Jul 2024 (118 days)

2. 29 September 2022 - 28 September 2023

* Pakistan: 19 Dec 2022 - 9 Jan 2023 (22 days)
* Paris: 14 Oct 2022 - 15 Oct 2022 (2 days)
* Budapest: 4 Aug 2023 - 7 Aug 2023 (5 days)

3. 29 September 2021 - 28 September 2022
* Pakistan: 14 Dec 2021 - 8 Jan 2022 (25 days)

4. 29 September 2020 - 28 September 2021
* Pakistan: 3 Dec 2020 - 18 Jan 2021 (46 days)

5. 29 September 2019 - 28 September 2020
* Pakistan: 18 May 2019 - 27 Sep 2019 (132 days)

6. 29 September 2018 - 28 September 2019
* Pakistan: 17 Dec 2018 - 20 Jan 2019 (34 days)

7. 29 September 2017 - 28 September 2018
* Pakistan: 27 May 2018 - 21 Sep 2018 (118 days)

8. 29 September 2016 - 28 September 2017
* Pakistan: 18 Dec 2016 - 16 Jan 2017 (29 days)
* Pakistan: 30 April 2017 - 15 Sept 2017 (138 days)

Could someone please help me calculate and confirm whether or not I will be eligible for ILR upon completing 10 years in September 2026?

Further info below

Could you please also clarify what the rules would be for my absence that began prior to April 11th and ended after April 11th? 15 Mar 2024 - 10 Jul 2024 (118 days)

Between the period September 2016-April 2024 I have spent a total of 715 days abroad. Counting in full my absence from 15 Mar 2024 - 10 Jul 2024 (118 days)

Were I to apply in September 2027 and eliminate the absences below, I would meet the 548 day rule.
29 September 2016 - 28 September 2017
* Pakistan: 18 Dec 2016 - 16 Jan 2017 (29 days)
* Pakistan: 30 April 2017 - 15 Sept 2017 (138 days)

Could you please confirm whether there are any issues that may prevent me from getting my ILR if I apply in September 2027? Considering my record is without blemish.

I came to the UK as a student and am currently on a Tier 2 Visa.

Thank you so much in advance!