180 days absence from the UK

[Mori]

I need urgent advise please.
I have been granted 5 years Tier 2 general visa on 28/12/2017. When I apply to ILR does I fall under the old absence rule 180 days in any consecutive 12 month or the new rule 180 days in any rolling 12 month?

[Zerubbabel]

The 180 days absence within any 12 months is not related to the Tier 2 but to the ILR eligibility.

If you apply for ILR in 2022, then the rules to follow would be the ones applicable for the ILR at that time (2022 not 2017).

The fact that you got your Tier 2 in 2017 doesn't lock the time for eligibility to other immigration applications. You will have to meet current eligibility criteria at the time of your new application.

[migrant_uk]

I think old rules would apply as leave was granted before 11 Jan 2018

"For settlement applications made from 11 January 2018, you must consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If the applicant’s qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application."

Please see page 11, https://assets.publishing.service.gov.u ... gov-uk.pdf.

However, 180 days absences need to be "allowable absences". Please see end of Page 11 of the link above and onwards.