ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Eligible for ILR after moving back to UK from US

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
ankitjainb27
Newly Registered
Posts: 2
Joined: Mon Oct 09, 2023 3:10 am
United States of America

Eligible for ILR after moving back to UK from US

Post by ankitjainb27 » Mon Oct 09, 2023 3:19 am

Hi,

I moved to UK from India on 1st April 2019 to join an employer, let me name it as XYZ. I moved with Tier 2 General Visa.
On 23rd April 2023, I moved to US with the same employer (UK is a subsidiary of US employer, but as far as I know - register separately in UK). Had I not moved to US, I would have been eligible for ILR on 1st April 2024.
I want to move back to UK for some personal reasons, but I am not sure if I will be able to continue with the 5 year continuous stay or with the 5 year clock restart?

Can someone please help me, need priority support here.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Eligible for ILR after moving back to UK from US

Post by vinny » Mon Oct 09, 2023 7:40 am

ILR clock resets, if you have been absent from the UK for more than 180 days, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ankitjainb27
Newly Registered
Posts: 2
Joined: Mon Oct 09, 2023 3:10 am
United States of America

Re: Eligible for ILR after moving back to UK from US

Post by ankitjainb27 » Mon Oct 09, 2023 11:03 am

Thanks, I do know that clock resets, if one is absent from the UK for more than 180 days, etc.

But I know there is a concept of rolling period, can I split the time spent outside of UK in a way that it falls in different years.

User avatar
CR001
Moderator
Posts: 88814
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Eligible for ILR after moving back to UK from US

Post by CR001 » Mon Oct 09, 2023 11:24 am

No, it doesnt work like that.

Any absence of 180 days or more in any 12 month rolling period breaks continuity of residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
zimba
Moderator
Posts: 23185
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Eligible for ILR after moving back to UK from US

Post by zimba » Mon Oct 09, 2023 12:29 pm

ankitjainb27 wrote:
Mon Oct 09, 2023 11:03 am
Thanks, I do know that clock resets, if one is absent from the UK for more than 180 days, etc.

But I know there is a concept of rolling period, can I split the time spent outside of UK in a way that it falls in different years.
That is the opposite of the rolling calculation. The rules were changed several years ago to prevent exactly that. You cannot have more than 180 days of absence within ANY 365-day period. Nothing to do with years at all
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked