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Calculating Absence

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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eugnov
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Calculating Absence

Post by eugnov » Mon Aug 26, 2024 5:39 pm

Happy Bank Holiday everyone,

Today is my 10th anniversary of continuously living in the UK. On 26 Aug 2014, I came here to study and since then I have been staying on a mix of study and work visas. As I prepare my ILR application, I would appreciate your help clearing some concerns regarding calculating my absences.

For the first 2 years I spent in the UK, I attended a boarding school (Year 12&13). My family lives in my home country (Russia) so during those 2 years, I visited back home a lot. The first reason, I was 18-19 years old away from home so I missed my family a lot. The second reason, there was no option to stay in school during holidays and I had no relatives in the UK to stay with, hence I travelled back home every time. After first year of attending a university, my absences were significantly shorter. Here are all of them:

25/10/2014-2/11/2014 (7)
13/12/2014-3/1/2015 (20)
14/2/2015-22/2/2015 (7)
27/3/2015-13/4/2015 (16)
21/6/2015-9/9/2015 (79)
22/10/2015-1/11/2015 (9)
16/12/2015-12/1/2016 (26)
18/3/2016-4/4/2016 (16)
26/5/2016-6/6/2016 (10)
26/6/2016-17/9/2016 (82)
11/12/2016-8/1/2017 (27)
28/3/2017-4/4/2017 (6)
12/6/2017-18/9/2017 (97)
29/12/2017-6/1/2018 (7)
26/3/2018-4/4/2018 (8)
16/8/2018-25/8/2018 (8)
28/12/2018-9/1/2019 (11)
26/12/2019-6/1/2020 (10)
4/10/2021-12/10/2021 (7)
26/3/2022-2/4/2022 (6)
15/05/2023-20/05/2023 (4)

So, the total is less than 540 days and no trip exceeds 180 days at a time. However, my concern checking absences at any 365 days. I spent long summer breaks at home 21/6/2015-9/9/2015, 26/6/2016-17/9/2016, and 12/6/2017-18/9/2017. To verify absences were not exceeded, I should calculate those in the period (as an example) from 26 June 2016 to 25 June 2017 which gives a total of 128 days in 12 months.

Could you please help me check if this is the correct approach? Thanks a lot!

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zimba
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Re: Calculating Absence

Post by zimba » Mon Aug 26, 2024 9:05 pm

The 180-day rolling calculation does NOT apply to any of those periods you mentioned. The rolling calculation only applies if the period of your absence started after 11 April 2024. So you have nothing to worry about

See the rule changes here: viewtopic.php?t=336067#p2171106
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

eugnov
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Re: Calculating Absence

Post by eugnov » Tue Aug 27, 2024 2:33 pm

zimba wrote:
Mon Aug 26, 2024 9:05 pm
The 180-day rolling calculation does NOT apply to any of those periods you mentioned. The rolling calculation only applies if the period of your absence started after 11 April 2024. So you have nothing to worry about

See the rule changes here: viewtopic.php?t=336067#p2171106
Thank you @zimba
that helps, I was a bit confused by the new rules.

I have another question if you don't mind. In my relationship status, I put "unmarried partner". My boyfriend is a British citizen, we've been together for about 3 years. We started living together in January 2024. I included this in my application, but in the document section, it asks me to provide evidence of my relationship over the past 2 years. I can provide a tenancy agreement which has both our names but, again, we've only been living together for ~7 months, so what am I expected to provide for the period before that? Someone told me that it would just be easier to say I am single. In my opinion, though, that's not exactly true.

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zimba
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Re: Calculating Absence

Post by zimba » Tue Aug 27, 2024 2:38 pm

This has been answered many times before on the forum. You do NOT need to provide anything regarding your relationship status. This is a known error on the SET(LR) form. Under the long residence, you apply on your own and you must qualify on your own. Your relationships/family is irrelevant
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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