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How to count absence for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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upadhy9
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Joined: Mon Jul 31, 2017 10:24 pm

How to count absence for ILR?

Post by upadhy9 » Mon Jul 31, 2017 11:03 pm

Hello Immigration Experts,

I am eligible for applying ILR from Oct 2017 as I will be completing my 5 years of residency in UK. I entered UK as Tier 1 Dependent, and my husband is a naturalised British citizen.

I have the following situation while calculating absences, and I will need your expert advice.
- I moved out of UK in 19th Sep 2016 to my parents while I was pregnant. I took maternity leave from Nov 2016, and hence my employer will be happy to issue a letter mentioning the dates.
- I came back to UK on 23rd Apr 2017 after the baby had all VISA related issues sorted.
- Hence if I calculate my continuous absence, it is more than 7 months.

Can I still go ahead with my application in Dec 2017 if I can calculate my absences as below? Are these as per the rules?
- From Jan to Dec 2017, 3 months and 23 days outside UK
- From Jan to Dec 2017, 3 months and 12 days outside of UK

Thank you in advance for your answers.

Regards,
UP

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CR001
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Re: How to count absence for ILR?

Post by CR001 » Mon Jul 31, 2017 11:04 pm

There is no absence limit for PBS dependents. The 180 days per 12 month cycle is ONLY for the main PBS visa holder.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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