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continuous period in Uk for ILR (not for CitizenShip)

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

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UKWorker007
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Joined: Wed Aug 16, 2017 3:36 pm

continuous period in Uk for ILR (not for CitizenShip)

Post by UKWorker007 » Fri Aug 18, 2017 9:28 pm

Hi Folks,
We are having some confusion around maximum number of days that we can stay outside UK so that we do not break the continuous residence law for ILR.
I am on Tier2 General Visa and my wife is on Dependent visa (for Tier2 General). We would be eligible for ILR in May 2018, but my wife would like to travel to india for 4 months (more than 90 days)

When I called UKBA they said that it is 180 days for first 4 years and then 90 days for last year, but i do not see mention of this anywhere in the documentation for calculating continuous period in UK for ILR. https://www.gov.uk/government/uploads/s ... -v15.0.pdf

I wonder if 90 days in last year is the only requirement for Citizenship application and Not for ILR?

Could you please help me to confirm this.?
1. what is the maximum number of days we can say outside UK within any 12 months for getting eligible for ILR?
2. Is maximum 180 days applicable for all 5 years duration or is it 180 days for first 4 years and 90 days for last (5th) year?
3. If continuous residence law is broken then would it reset entire previous years and would need to do again 5 years or just that year (when stayed out side uk for more than allowed period) would be wasted and need do do one year more?

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makky86
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Re: continuous period in Uk for ILR (not for CitizenShip)

Post by makky86 » Fri Aug 18, 2017 10:33 pm

UKWorker007 wrote:Hi Folks,
We are having some confusion around maximum number of days that we can stay outside UK so that we do not break the continuous residence law for ILR.
I am on Tier2 General Visa and my wife is on Dependent visa (for Tier2 General). We would be eligible for ILR in May 2018, but my wife would like to travel to india for 4 months (more than 90 days)

When I called UKBA they said that it is 180 days for first 4 years and then 90 days for last year, but i do not see mention of this anywhere in the documentation for calculating continuous period in UK for ILR. https://www.gov.uk/government/uploads/s ... -v15.0.pdf

I wonder if 90 days in last year is the only requirement for Citizenship application and Not for ILR?

Could you please help me to confirm this.?
1. what is the maximum number of days we can say outside UK within any 12 months for getting eligible for ILR?
2. Is maximum 180 days applicable for all 5 years duration or is it 180 days for first 4 years and 90 days for last (5th) year?
3. If continuous residence law is broken then would it reset entire previous years and would need to do again 5 years or just that year (when stayed out side uk for more than allowed period) would be wasted and need do do one year more?

The 180 days rule does not apply to dependants.
II Youths a stuff neve endures II

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zimba
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Re: continuous period in Uk for ILR (not for CitizenShip)

Post by zimba » Sat Aug 19, 2017 12:20 am

First of all there is no such thing as UKBA any more, it is UKVI :!:
1. what is the maximum number of days we can say outside UK within any 12 months for getting eligible for ILR?
For main PBS applicants 180 days per residence year BUT this does NOT apply to PBS dependants
2. Is maximum 180 days applicable for all 5 years duration or is it 180 days for first 4 years and 90 days for last (5th) year?
180 days in each residence year, counting backwards from the date of ILR application
3. If continuous residence law is broken then would it reset entire previous years and would need to do again 5 years or just that year (when stayed out side uk for more than allowed period) would be wasted and need do do one year more?
PBS main applicants need to have continuous stay as stated above in the immediate 5 years of their stay on the ILR application date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

UKWorker007
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Posts: 3
Joined: Wed Aug 16, 2017 3:36 pm

Re: continuous period in Uk for ILR (not for CitizenShip)

Post by UKWorker007 » Mon Aug 21, 2017 11:24 pm

Thank you very much guys for help.

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