new changes to 180 days rule

[nitinkhera]

Hi,

I am really confused about this 180 days rule. Some one just mentioned that there is a change in the rule. And i am really worried now as i checked my total leave of abscence yesterday. And it turned out that i was 187 days abroad. I am only in 4th year to reaching ILR application stage. Just to give you a background- I am on tier 1 (General) that started on 2nd Nov 2009. I will be due to apply ILR on 2nd Nov 2014. As expalined earlier the situation is i have just enetered my 4th year into the 5 year period that i need to fulfill in order to qualify for ILR. And i have gone out of this country 187 days. It constitutes from my 11 visits to abroad. All of them were holidays. Maximum stay abroad on one stretch was 64 consecutive days. Upon reading all these forums and speaking to various people- i am not sure if i should be worried or not. As some people are telling its 180 days in the whole 5 years. Which automatically disqualifies me for ILR. Another set of people are saying that its 180 days per year as a part of the new rule. Which my understanding is 180 days x 5 year = 900 days in the total 5 years. In that case i am fine as i am way below the 900 days. Could someone please clarify this. And if i am disqualified is there any wayaround? Would appreciate a help.

Many Thanks

[ali_asad_pk]

you should only start reading and gathering information in last 6 months, till then, just keeps basics rights

in last 6 months, start digging about such topics, you have more then year so focus on your job and earning


Good Luck

[uksettlement]

Read ukba response here...

https://www.whatdotheyknow.com/request/ ... ermited_ab

[syed_ILR]

Read ukba response here...

https://www.whatdotheyknow.com/request/ ... ermited_ab

this link does not apply after 6th of april 2013.

[uksettlement]

Read ukba response here...

https://www.whatdotheyknow.com/request/ ... ermited_ab

this link does not apply after 6th of april 2013.

The question was not regarding changes after 6th April but understanding the rules around 180 days.

[nitinkhera]

Thanks to everyone who has replied. But can someone please give me an answer in simple language based on my case. Do i still consider myself entitled for ILR as i already exceeded 180 days? I still have 2 years left in my qualifying 5 years. What happens if i have to go abroad in the remaining 2 years for some emergency? Or should i not go abroad at all?? Any suggestions? May i please urge you not to send any links, instead give me a simple explanation. Thanks

[ilrdep]

Your eligibility depend on the date of application , from the date of application work it backwards each year you should not have more than 180 days of absence. If you are not in UK for more than 180 days then your continuity is broken as per the current rules.

[ukswus]

Your eligibility depend on the date of application , from the date of application work it backwards each year you should not have more than 180 days of absence. If you are not in UK for more than 180 days then your continuity is broken as per the current rules.

And remember that, as per rules to be implemented from 6 April, he'll need letters from all previous employers confirming that his absences were either work related, or on paid leave.

[nitinkhera]

Your eligibility depend on the date of application , from the date of application work it backwards each year you should not have more than 180 days of absence. If you are not in UK for more than 180 days then your continuity is broken as per the current rules.

Thanks. To make things more clearer, and based on the current rules let me give an example (scenario) to you based on my profile. Imagine today is 1st november 2014 and i am filing my application for ILR, since this is the date when my 5 years Tier 1 (general) visa comes to an end. Below is the breakdown of number of days i was abroad in each qualifying year. Nothing was over 90 consecutive days. And all of the visits were for personal reasons, not for business reasons.

1st Year- 2nd Nov 2009 to 1st Nov 2010- 65 days
2nd Year- 2nd Nov 2010 to 1st Nov 2011- 53 days
3rd Year- 2nd Nov 2011 to 1st Nov 2012- 69 days
4th Year- 2nd Nov 2012 to 1st Nov 2013- 23 days
5th Year- 2nd Nov 2013 to 1st Nov 2014- 46 days

Total numbers of days when i was out of UK- 256 days

Based on this will i be fine?

Many Thanks and sorry for being a pain.

[ilrdep]

Based on this example number of absences are within the limit (180days/year) and hence you should be ok. Documentation for these absences may change after 6th April , please check the rules after that.