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ILR 180 days absence Calculation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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playmaker
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ILR 180 days absence Calculation

Post by playmaker » Tue Jul 07, 2020 10:46 am

Hi
I have a few questions about 180 days calculation for 5 years.
I have Gen Tier 2 visa.

1- My 1st BRP issue date is 22-12-2015 ( was valid till 28-02-2019 - 3years ) , but my arrival date is 29-01-2016. So, which date I should start calculation ? If it's 22-12-2015, will it be calculated as absence ?

2- After 11th Jan 2018, now calculation is any consecutive 12 months in rolling year.
So, how should i calculate my 5 years absence.
If we take my 1st BRP issue date as an example
Will it be like below ?
22-12-2015 to 22-12-2016 ( 1st year )
22-12-2016 to 22-12-2017 ( 2nd year )
How should i be calculating from 11th January 2018 ?

3- After getting ILR, to apply citizenship, we shouldnt be out of country 90 days on that year which is going to be 6th year. And in total 5 years we shouldn't be out 450 days. So, should i not be calculating my 1st year ?

Thank you for the help.

Best Regards
Cihan

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CR001
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Re: ILR 180 days absence Calculation

Post by CR001 » Tue Jul 07, 2020 10:58 am

3- After getting ILR, to apply citizenship, we shouldnt be out of country 90 days on that year which is going to be 6th year. And in total 5 years we shouldn't be out 450 days. So, should i not be calculating my 1st year ?
ILR and Citizenship are two completely different applications with completely different rules/laws and requirements. Please do not ask citizenship questions in an ILR topic or the ILR sub forum.

You are not applying for citizenship now. Best to focus on your ILR application first.

https://www.immigrationboards.com/british-citizenship/
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Re: ILR 180 days absence Calculation

Post by playmaker » Tue Jul 07, 2020 11:09 am

Thank you CR001.
Look forward to hear about question 1 and 2.

Regards
Cihan

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Re: ILR 180 days absence Calculation

Post by CR001 » Tue Jul 07, 2020 11:12 am

1- My 1st BRP issue date is 22-12-2015 ( was valid till 28-02-2019 - 3years ) , but my arrival date is 29-01-2016. So, which date I should start calculation ? If it's 22-12-2015, will it be calculated as absence ?
Your qualifying period starts from initial visa issue date. Yes, the period between visa issue date and entry to the UK counts as part of the absence limit.
2- After 11th Jan 2018, now calculation is any consecutive 12 months in rolling year.
So, how should i calculate my 5 years absence.
If we take my 1st BRP issue date as an example
Will it be like below ?
22-12-2015 to 22-12-2016 ( 1st year )
22-12-2016 to 22-12-2017 ( 2nd year )
How should i be calculating from 11th January 2018 ?
https://www.immigrationboards.com/indef ... 46559.html
Char (CR001 not Casa)
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Re: ILR 180 days absence Calculation

Post by playmaker » Tue Jul 07, 2020 3:32 pm

Hi
Sorry asking again as i just wanted to be sure for the start date of calculation.
I was thinking that start date is BRP issue date, but as i see its Visa issue date on my passport which i had to enter UK in 30 days right ?
It was valid from 23-01-2016 till 22-02-2016.
So, i believe, calculation start date is 23-01-2016, right ?

Thank you very much
Cihan

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zimba
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Re: ILR 180 days absence Calculation

Post by zimba » Tue Jul 07, 2020 4:42 pm

playmaker wrote:
Tue Jul 07, 2020 3:32 pm
Hi
Sorry asking again as i just wanted to be sure for the start date of calculation.
I was thinking that start date is BRP issue date, but as i see its Visa issue date on my passport which i had to enter UK in 30 days right ?
It was valid from 23-01-2016 till 22-02-2016.
So, i believe, calculation start date is 23-01-2016, right ?

Thank you very much
Cihan
The rule of thumb is that if you have multiple documents (letters, sticker, BRP) the earliest date on any of them is the date of approval and you should use that date. BRPs are issued often later and therefore do not necessarily reflect the actual approval date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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