SET (O) indefinite leave to remain

[nani9]

I’m asking on behalf of a friend who doesn’t have an account here. I know this is the right group, last and final question please?

The immigration history:

• The main applicant arrived in the UK in September 2021 on a Skilled Worker Visa.
• The spouse and one child (born in India) joined as Skilled Worker Dependents, with a second child born in the UK in 2022.

Only the spouse and the children (not the main applicant) have taken trips outside the UK on the following dates:

1. 25th September 2021 - 25th January 2022 (4 months)
2. 23rd March 2023 - 25th August 2023 (5 months)
3. 30th November 2023 - 5th May 2024 (5 months)
4. 4th November 2024 - 21st March 2025 (planned)

All the trips due to family issues and parents health issues. Each trip is less than 180 days, although their total absences exceed 180 days within one calendar year.

My question is: Are the spouse and children (both UK-born and India-born) eligible for ILR in 2026, or would the absences in 2023 cause a “clock reset” that would impact their eligibility?

Any clarification on this would be greatly appreciated.

Thank you in advance.

[CR001]

1. I have split this post to it's own topic!! Different visa routes have different rules so the post is NOT relevant to your topic.

2. The dependent spouse cannot have more than 180 days absence in ANY rolling 12 month period. It is NOT "calendar years". If they have more than 180 days absence in any 12 month period, they won't qualify for ilr in 2026.

3. A uk born child can apply to register as British once either parent is granted ilr. They have an entitlement to register and do not need ilr.

4. The child born abroad will follow the same immigration path as the mother.

Useful to ask your "friend" to register on the forum and ask their own questions.

[nani9]

Thanks for the information @CR001

What is rolling period please? I would count from January to December every year or trigger at every holiday/trigger. In this case 23rd March 2023 means 12 months start from 12th March 2023 to 11th Match 2024? Is this correct.

The dependent spouse cannot have more than 180 days absence in ANY rolling 12 month period. It is NOT "calendar years". If they have more than 180 days absence in any 12 month period, they won't qualify for ilr in 2026.

[zimba]

Rolling means that for any chosen continuous 365-day period anywhere in the 5-year qualifying period, you cannot have more than 180 days of absence. There is no specific start date then. You can choose a random date, add 365 days to it and in that period you cannot have more than 180 days of absence or more and so on.

[nani9]

Thanks Zimba

Still confused with the rolling period. 5year Visa start date timeline from 02 September 2021.

5 years from 02 September 2021 to 02 September 2026.

1st year rolling period counts from 02 September 2021 to 01 September 2022 (allowed 180 days in this period) I’m correct ?
2nd year rolling period counts from 02 September 2022 to 01 September 2023 (allowed 180 days in this period )
03rd year rolling period counts from 02 September 2023 to 01 September 2024.
Same like 4th and 5th year

Holidays below:

1. 25 September 2021 - 25 January 2022 (4 months)
2. 23 March 2023 - 25 August 2023 (5 months)
3. 30 November 2023 - 5 May 2024 (5 months)
4. 4 November 2024 - 21 March 2025 (planned)

If the 5 years clock reset, what date it was reset from the above holiday timeline please?

Any clarification on this would be much appreciated.

[zimba]

No. That is the old yearly calculation based on a fixed date. Rolling means the 365-day period is NOT fixed to a start date.
You may choose ANY random 365-day period ANYWHERE in your 5-year period and in that 365-day period, you should not fail the absence requirement.

This is what rolling calculation looks like:

A 365-day period from 02 September 2021 to 01 September 2022 (you can only have 180 days of absence in this period)
A 365-day period from 03 September 2021 to 02 September 2022 (you can only have 180 days of absence in this period)
A 365-day period from 04 September 2021 to 03 September 2022 (you can only have 180 days of absence in this period)
A 365-day period from 05 September 2021 to 04 September 2022 (you can only have 180 days of absence in this period)
....
A 365-day period from 11 July 2022 to 10 July 2023 (you can only have 180 days of absence in this period)
....
A 365-day period from 24 December 2022 to 23 December 2023 (you can only have 180 days of absence in this period)
and so on

As you see, any random 365-day window can be chosen and tested.