180 day count

[harry7476]

Hi All,

I got my Tier 1 entry clearance in Dec 2007. I came to the UK briefly in Mar 2008. However, I started living here only in May 2008. Now the big question.

I have my ILR due in Feb 2013. From what point will my 180 days be counted? Is it from Feb 2008 (i.e. only last 5 calendar years till ILR) , Dec 2007 (the time I got the entry clearance) or May 2008 (when I started residing even though I did enter UK earlier in Mar for a brief stay)?

The start of the 180 days will determine if I have gone over the limit and hence it's an important question for me.

Regards,

[wpilr_nov12]

When you apply, besides meeting all requirement, you should be within 28 days to complete 5 years. The 180 days are during those 5 years.

Having said that, any days from getting entry clearance to your actual 'first' arrival in the UK under the qualifying category is not included in the 180 day count.

But, in your case, the extended absence immediately after a 'qualifying' UK initial entry might need a solid explanation because there has been at least one case discussed in this forum where a similar situation was the rejection reason.

On the brighter side, if you postpone your ILR by a couple of months, and if all other requirements are met, you would not face this difficulty that you have mentioned.

[cs95tdg]

Hi All,

I got my Tier 1 entry clearance in Dec 2007. I came to the UK briefly in Mar 2008. However, I started living here only in May 2008. Now the big question.

I have my ILR due in Feb 2013. From what point will my 180 days be counted? Is it from Feb 2008 (i.e. only last 5 calendar years till ILR) , Dec 2007 (the time I got the entry clearance) or May 2008 (when I started residing even though I did enter UK earlier in Mar for a brief stay)?

The start of the 180 days will determine if I have gone over the limit and hence it's an important question for me.

Regards,

Absences for ILR are counted from the date of entry on your Tier 1 visa. In your example above it would be from Mar 2008. The fact that it was a brief visit makes no difference, unless you entered the UK under a different UK visa (i.e. something other than your Tier 1).

On a seperate note, you have not mentioned the day of your first entry or EC in your post (just the month & year), but something you need to be aware of is that unless your first entry (xx Mar 2008) into the UK on your Tier 1 visa was within 3 months of your EC date (xx Dec 2007), you won't be able to count the time between EC & Date of Entry towards your ILR residency period.