How do I calculate the 180days absence in line with the new law regarding absence from the UK

[dilip421]

Dear expert,

Please I have a question to clarify while My wife getting ready to apply for her indefinite leave.

She is on tier 2 (General main applicant) entered to UK on 26th Nov 2014 and her 1st 3 years visa granted on 01/10/2014 and second 3 years visa granted on 25/04/2017.

Here are the travel details and leaves :
05/06/2015 to 21/06/2015 = 15 days
26/12/2015 to 17/01/2016 = 21 days
11/06/2016 to 19/06/2016 = 7 days
13/07/2016 to 31/07/2016 = 17 days
12/12/2016 to 01/01/2017 = 19 days
03/09/2017 to 16/02/2018 = 165 days
14/12/2018 to 19/01/2019 = 35 days
25/05/2019 to 22/06/2019 = 27 days

How do I calculate the 180days absence in line with the new law regarding absence from the UK ?

As She left and re-entered the UK , when do I start counting the absence in the rolling 12 months ?
Does she falls into the rolling period bcoz her last 2 visa granted before jan 2018 ?

Please how does this trips affects her with the new rolling 12 months absence rule introduced by the home office?

Can you kindly advice me so I can decide how to fulfil the requirement.

When would be the best time to apply ILR

Kind regards
Dilip

[dilip421]

Any help would be much appreciated, Thanks

[zimba]

https://www.gov.uk/government/publicati ... riod-in-uk

[dilip421]

Any help would be much appreciated, Thanks

[CR001]

Any help would be much appreciated, Thanks

Have you read the link that zimba provided which provides explanations???

[dilip421]

Hi,
Thanks for your reply,
Yes, I read the link before asking a query here.
My understanding after reading the docs is she won't falls into the rolling period bcoz her last 2 visa granted before jan 2018, and she will be considered in separate 12-month periods based on the application date. Please correct me if i'm wrong ?
She can apply ILR any day after 5th Sep 2019, As she entered to UK on 26th Nov 2014 and her 1st 3 years visa granted on 01/10/2014, So I took 28 days before visa issued date i.e 5/09/2019 eligible to apply for ILR.Please correct me if i'm wrong ?
Thanks,

[aman90]

Hi,
Thanks for your reply,
Yes, I read the link before asking a query here.
My understanding after reading the docs is she won't falls into the rolling period bcoz her last 2 visa granted before jan 2018, and she will be considered in separate 12-month periods based on the application date. Please correct me if i'm wrong ?
She can apply ILR any day after 5th Sep 2019, As she entered to UK on 26th Nov 2014 and her 1st 3 years visa granted on 01/10/2014, So I took 28 days before visa issued date i.e 5/09/2019 eligible to apply for ILR.Please correct me if i'm wrong ?
Thanks,

Yes..
Yes.. from 03/09
From the tentative date of submitting online application.. go back 12 consecutive months to check for absences.

[dilip421]

Thank you aman90, greatly appreciated it.
one more query - I changed employer twice and from my previous employer I'm not getting any absence letter for which I spent my annual leave outside the UK, Any suggestion please ?

[dilip421]

Any updates on this ?pls

[aman90]

Thank you aman90, greatly appreciated it.
one more query - I changed employer twice and from my previous employer I'm not getting any absence letter for which I spent my annual leave outside the UK, Any suggestion please ?

Sorry but who is applying for ILR?
You or your wife?
I’m not familiar with the route. Hopefully one of the moderators can answer.
Have you submitted the application?

[dilip421]

Thanks for your reply,
Both, Me and wife applying for ILR, As we both worked for same employer as main applicant on tier-2 general visa for approx 2yrs 6months then moved to different employer, now from our previous employer we both are not getting any absence letter for which we spent our annual leave outside the UK ?
I haven't applied yet, gathering all the required info and planning to apply in 1st wek of Oct.
Any suggestion please ?

Thank you aman90, greatly appreciated it.
one more query - I changed employer twice and from my previous employer I'm not getting any absence letter for which I spent my annual leave outside the UK, Any suggestion please ?

Sorry but who is applying for ILR?
You or your wife?
I’m not familiar with the route. Hopefully one of the moderators can answer.
Have you submitted the application?

[aman90]

Both, Me and wife applying for ILR, As we both worked for same employer as main applicant on tier-2 general visa for approx 2yrs 6months then moved to different employer, now from our previous employer we both are not getting any absence letter for which we spent our annual leave outside the UK ?
I haven't applied yet, gathering all the required info and planning to apply in 1st wek of Oct.

Yes.. but ur applying as her dependant so you shouldn’t need a letter for your absences from anyone. Just state ur absences where required on the form as all applicants are required.
From my limited perusal, I believe your wife may not need a letter for an absence of 30 days or less within any 12 month period, you would however have to state them and specify why you are unable to provide the letter (something like that).

[dilip421]

Thanks for your reply,
Sorry for not making it clear, We both are main applicant and not dependent to each other.
Yeah, I gone through the document and mentioned the same as you stated below but in our both case as we exceeded more than 30 days leave out of UK in any 12 month period and it was unpaid leave.
Any suggestion would be much appreciated.
Thanks,

Both, Me and wife applying for ILR, As we both worked for same employer as main applicant on tier-2 general visa for approx 2yrs 6months then moved to different employer, now from our previous employer we both are not getting any absence letter for which we spent our annual leave outside the UK ?
I haven't applied yet, gathering all the required info and planning to apply in 1st wek of Oct.

Yes.. but ur applying as her dependant so you shouldn’t need a letter for your absences from anyone. Just state ur absences where required on the form as all applicants are required.
From my limited perusal, I believe your wife may not need a letter for an absence of 30 days or less within any 12 month period, you would however have to state them and specify why you are unable to provide the letter (something like that).

[aman90]

Sorry. I’m unable to suggest anything else.
Google ur issue. Surely something will come up.

[aby00156]

Just get a letter from the employer stating the absences. If the employer had granted the leave then there should be no problem.

[dilip421]

Hi all,
I am delighted to announce that I just got ILR application successful confirmation email from home office. This group was the backbone for me to do everything myself. I thank each one of you for answering all queries, even though I haven’t asked one. I got all the answers going through different people’s experiences. Mine was 5 year route tier2. Online application submitted on 31/10/19 Opted for Super priority service, total fee paid -3208.20 GBP Documents uploaded on 01/11/19
Documents included-
1. Passport- Complete Pages. 
2. Initial visa and BRP Card (front and back)
3. Life in the UK certificate 
4. One month payslip and one month bank statement with letter. 
5. Trinity college english language test B1. 
6. Employment letter from current employer. 
7. Signed consent form. 
8. Absence letter from current and previous employer.
9.Cover letter.
10.Employment history of last 5 years from HMRC.
Appointment at Sopra Steria Shieffield on 02/11/19(paid £126.50 for this) Confirmation email received on 04/11/2019. 
I wish all the best for who are awaiting. Once again congratulations to this amazing group admins and members for strengthening individuals like me.
Thanks,
Dilip

[aman90]

Congrats! How did you eventually get the absence letters from previous respective employers then?

[dilip421]

Congrats! How did you eventually get the absence letters from previous respective employers then?

Thanks, I tried to speak with the boss and he had no objection to give us absence letter.

Now i need to start applying for my wife and naturalization for my daughter, I don't know how to find a refree. Thanks once again.