Seeking help to understand 180 days rule out of the UK for ILR

[puneetchauhan86]

Hi @zimba, this is my first post. I am sorry if you have already answered.
My question is, when you say between the start and end date of any continuous 365-day period. What does that mean? Can you please explain?

[CStone]

Hi @zimba, this is my first post. I am sorry if you have already answered.
My question is, when you say between the start and end date of any continuous 365-day period. What does that mean? Can you please explain?

Hi,

My basic understanding I think is from the issue date you count the 364 from there. Correct me if I’m wrong.

My question is in principle does that mean if I renew and get my new visa say today but I have been here all along does my 364 also start counting from say the renewal issue date of today 05-05-2025?

Or is it that since it’s a renewal you count from the initial grant of leave depending on visa type.?

[zimba]

You cannot have more than 180 days of absence in ANY continuous 365-day period anywhere in your 5-year qualifying period. This has nothing to do with visa approval, renewal, etc (unless you left the UK and your visa ran out when you were outside the UK)

Imagine your 5-year ILR qualifying period you are relying on will be the period between 20 May 2020 and 20 May 2025. The rolling calculation means that only 180 days’ absences are allowed in ANY consecutive 365-day period. So if you choose any RANDOM date within the 5-year period and add 365 days to that date, that is your 365-day consecutive period/window. You should NOT have more than 180 days of absence in that 365-day period. Rolling simply means that the start date can be picked anywhere in your 5-year period.

e.g.
Let's choose a random date in the period above: 13/11/2022. Your 365 days period will be from that date to 13/11/2022. In this period, you cannot have more than 180 days of absence. Let's choose another random date: 07/03/2024. Your 365 days period will be from that date to 07/03/2025. In this period, you cannot have more than 180 days of absence. And so on...