Applying for ILR through ancestry visa - left for too many days! :(

[Macster]

Hi there,

I am currently living in Edinburgh and have been on and off since I arrived on 3 December 2018 (BRP valid from 28/11/2018).

I am currently employed and my BRP is expiring on the 28/11/2023 so was looking to apply for ILR in October. I counted the days I left in my first year and I left for 2/3 weeks longer than the 180 days in a 12 month period as I was working on the yachts in Europe. All the other years, I have left for less than 180 days. I believe this means I do not qualify to apply for ILR this year - is there anything I can do about this as I didn't leave for much longer than the required amount? Was just wondering if someone was in the same boat. Very annoyed at my past self as I was silly to leave for so long but was not thinking of the future.

If I cannot apply for ILR this year, my next question is do I have to renew my ancestral visa and stay another 5 years on it before I can apply for ILR?

Would appreciate any advice as feeling a bit panicked. Thanks so much.

[zimba]

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

[Macster]

You cannot have more than 180 days of absence in any 365-day period. This is known as the rolling calculation. This does NOT mean you have to start your qualifying period from scratch. You may extend and then apply for example 6 months afterwards when you no longer fail the absence limits

Thank you Zimba! So i will have to renew my ancestral and pay the NHS surcharge but I can apply again for ILR in one year then? Just because it says you can only apply 28 days for ILR before your BRP expires.

[zimba]

Yes. Your visa expiry is totally irrelevant. You apply for ILR when you are eligible, whether you have 10 days left or 2 years left on your visa makes no difference whatsoever for your ILR application