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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ashokkumarcts
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by ashokkumarcts » Fri Feb 23, 2018 4:46 pm
Hi there,
I have been reading gov.uk police guidance regarding 180 absence days for ILR application. The below statement confuses me:
"270. For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes time before this date and you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter".
In 5 years, I have 190 absence days. Does it mean, I am not eligible?
Thanks
Ash
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GMO
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by GMO » Fri Feb 23, 2018 5:01 pm
i80 days absence allowed in a year or in total 5 years!! I m confused. please help
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lookingforhope
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by lookingforhope » Fri Feb 23, 2018 5:10 pm
It is 180 days in any 12 month within your qualified 5 year period.
Only if your 190 day hits this criteria, it can be a problem.
For eg: You left UK on 10/02/2016 and was absent for 190 days until 10/02/2017, this may be a problem.
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GMO
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by GMO » Fri Feb 23, 2018 9:40 pm
Thanks for the reply and clarification.
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Leeee704
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by Leeee704 » Sat Feb 24, 2018 11:40 am
lookingforhope wrote: ↑Fri Feb 23, 2018 5:10 pm
It is 180 days in any 12 month within your qualified 5 year period.
Only if your 190 day hits this criteria, it can be a problem.
For eg: You left UK on 10/02/2016 and was absent for 190 days until 10/02/2017, this may be a problem.
Hi,
Please elaborate where these 190 days came from? Also what is rolling basis period according to HO?
Last 12 consecutive months are e.g i am applying for ILR in NOV 2018 they will check 180 days gap from NOV 2017 to NOV 2018 that is last 12 consecutive months in this case. But the rolling method will work here?
Regards
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CR001
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by CR001 » Sat Feb 24, 2018 12:20 pm
Leeee704 wrote: ↑Sat Feb 24, 2018 11:40 am
lookingforhope wrote: ↑Fri Feb 23, 2018 5:10 pm
It is 180 days in any 12 month within your qualified 5 year period.
Only if your 190 day hits this criteria, it can be a problem.
For eg: You left UK on 10/02/2016 and was absent for 190 days until 10/02/2017, this may be a problem.
Hi,
Please elaborate where these 190 days came from?
Also what is rolling basis period according to HO?
Last 12 consecutive months are e.g i am applying for ILR in NOV 2018 they will check 180 days gap from NOV 2017 to NOV 2018 that is last 12 consecutive months in this case. But the rolling method will work here?
Regards
It is ANY rolling 12 month period. It is no longer calculated based on 12 months cycles counting back from date you apply, where it was possible to split absence of 180 days or more into TWO 12 month cycles.
Char (CR001 not Casa)
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Leeee704
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by Leeee704 » Sat Feb 24, 2018 12:45 pm
CR001 wrote: ↑Sat Feb 24, 2018 12:20 pm
Leeee704 wrote: ↑Sat Feb 24, 2018 11:40 am
lookingforhope wrote: ↑Fri Feb 23, 2018 5:10 pm
It is 180 days in any 12 month within your qualified 5 year period.
Only if your 190 day hits this criteria, it can be a problem.
For eg: You left UK on 10/02/2016 and was absent for 190 days until 10/02/2017, this may be a problem.
Hi,
Please elaborate where these 190 days came from?
Also what is rolling basis period according to HO?
Last 12 consecutive months are e.g i am applying for ILR in NOV 2018 they will check 180 days gap from NOV 2017 to NOV 2018 that is last 12 consecutive months in this case. But the rolling method will work here?
Regards
It is ANY rolling 12 month period. It is no longer calculated based on 12 months cycles counting back from date you apply, where it was possible to split absence of 180 days or more into TWO 12 month cycles.
Dear, When you say any 12 months period, Can they pick any? How Come? Like If i am applying in Nov 2018, How would they count mine? I am bit confused on it now.
Please help !!
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CR001
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by CR001 » Sat Feb 24, 2018 1:52 pm
Leeee704 wrote: ↑Sat Feb 24, 2018 12:45 pm
CR001 wrote: ↑Sat Feb 24, 2018 12:20 pm
Leeee704 wrote: ↑Sat Feb 24, 2018 11:40 am
lookingforhope wrote: ↑Fri Feb 23, 2018 5:10 pm
It is 180 days in any 12 month within your qualified 5 year period.
Only if your 190 day hits this criteria, it can be a problem.
For eg: You left UK on 10/02/2016 and was absent for 190 days until 10/02/2017, this may be a problem.
Hi,
Please elaborate where these 190 days came from?
Also what is rolling basis period according to HO?
Last 12 consecutive months are e.g i am applying for ILR in NOV 2018 they will check 180 days gap from NOV 2017 to NOV 2018 that is last 12 consecutive months in this case. But the rolling method will work here?
Regards
It is ANY rolling 12 month period. It is no longer calculated based on 12 months cycles counting back from date you apply, where it was possible to split absence of 180 days or more into TWO 12 month cycles.
Dear, When you say any 12 months period, Can they pick any? How Come? Like If i am applying in Nov 2018, How would they count mine? I am bit confused on it now.
Please help !!
1. You should start your own topic rather than contuing asking questions in another members thread.
2. If you apply for ILR in November 2018, your absence will no longer be calculated on 12 month cycles counting backwards, ie. November 2018 to November 2017. If you have 180 days absence in ANY 12 month period, i.e Septmber 2017 to July 2018 for example, this is the ANY 12 month period and you will have exceeded the absence limit. So yes, it is any 12 month period as you can no longer split long absence into two different 12 month cycles counting backwards from date of ILR application.
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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VijayUK
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by VijayUK » Sat Feb 24, 2018 3:45 pm
Hi,
Sorry to ask , is this applicable for PBS Dependants also ?
Regards,
VJ
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CR001
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by CR001 » Sat Feb 24, 2018 3:48 pm
VijayUK wrote: ↑Sat Feb 24, 2018 3:45 pm
Hi,
Sorry to ask , is this applicable for PBS Dependants also ?
Regards,
VJ
Yes but only for those who got extensions after 11th January or entry clearance after 11th January or excess absence of current dependents after 11th January.
uk-tier-1-general-visas/ilr-through-tie ... l#p1571196
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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VijayUK
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by VijayUK » Sat Feb 24, 2018 3:54 pm
As I was having 252 days in 13-14 period.So Ia m worried now
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CR001
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by CR001 » Sat Feb 24, 2018 3:56 pm
VijayUK wrote: ↑Sat Feb 24, 2018 3:54 pm
As I was having 252 days in 13-14 period.So Ia m worried now
Kindly start your own topic with your circumstances, history and questions or continue in one you already have rather than asking your own questions in this topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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seasky
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by seasky » Sat Feb 24, 2018 5:07 pm
Rolling: if they can find any 12 months period that had 180 days in it. If u were out 181 days at once you are for sure in breach.
Old way you could be out for 359 days at once and with careful choosing of application date have it be OK.
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seasky
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by seasky » Sat Feb 24, 2018 5:38 pm
Dont forget day leaving and returning are considering IN UK
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kumar84
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by kumar84 » Sun Feb 25, 2018 5:31 pm
Dear CR001,
Are you sure that this is applicable to current dependents ?
Because based on other thread it is not applicable to current dependents who do not require any futher extension leading to ILR
Thanks,
Kumar
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VijayUK
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by VijayUK » Mon Feb 26, 2018 12:15 pm
Happy to share that my ILR is approved this morning and waiting for BRP now.
- Earlier absences they did not count I guess and I did not provide any sort of supporting document for that.
I had 260 day absence during Oct 2013 and Aug 2014.
If you split thats ok. Consecutive I was worried but they approved it .
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kumar84
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by kumar84 » Mon Feb 26, 2018 3:02 pm
[
Congratulations VijayUK.
Are you the main applicant or PBS dependent? If I am not wrong for ILR form SET(o) we have to specify absence dates of for dependents only if the leave was granted after 11 Jan 2018.
If you applied as dependent did you mention it in application form? If so which section)
What cohabitation document did you submit during the 260 days absence
Thanks,
Kumar
VijayUK wrote: ↑Mon Feb 26, 2018 12:15 pm
Happy to share that my ILR is approved this morning and waiting for BRP now.
- Earlier absences they did not count I guess and I did not provide any sort of supporting document for that.
I had 260 day absence during Oct 2013 and Aug 2014.
If you split thats ok. Consecutive I was worried but they approved it .
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CR001
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by CR001 » Mon Feb 26, 2018 3:16 pm
kumar84 wrote: ↑Mon Feb 26, 2018 3:02 pm
[
Congratulations VijayUK.
Are you the main applicant or PBS dependent? If I am not wrong for ILR form SET(o) we have to specify absence dates of for dependents only if the leave was granted after 11 Jan 2018.
If you applied as dependent did you mention it in application form? If so which section)
What cohabitation document did you submit during the 260 days absence
Thanks,
Kumar
VijayUK wrote: ↑Mon Feb 26, 2018 12:15 pm
Happy to share that my ILR is approved this morning and waiting for BRP now.
- Earlier absences they did not count I guess and I did not provide any sort of supporting document for that.
I had 260 day absence during Oct 2013 and Aug 2014.
If you split thats ok. Consecutive I was worried but they approved it .
Kindly post your questions in the users own topic.
indefinite-leave-to-remain/premium-appo ... 41-20.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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ashokkumarcts
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by ashokkumarcts » Mon Feb 26, 2018 4:55 pm
The topic is completely diverted from my original question. However, congratulation to Vijay and thanks to CR001.
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CR001
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by CR001 » Mon Feb 26, 2018 5:02 pm
ashokkumarcts wrote: ↑Mon Feb 26, 2018 4:55 pm
The topic is
completely diverted from my original question. However, congratulation to Vijay and thanks to CR001.
Very sorry, I did try
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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GMO
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by GMO » Fri Mar 02, 2018 12:42 pm
VijayUK wrote: ↑Mon Feb 26, 2018 12:15 pm
Happy to share that my ILR is approved this morning and waiting for BRP now.
- Earlier absences they did not count I guess and I did not provide any sort of supporting document for that.
I had 260 day absence during Oct 2013 and Aug 2014.
If you split thats ok. Consecutive I was worried but they approved it .
Congrats
thats a great news...Can ypu please help me by saying how u mention or split days on absence letter. Dis you say work from distance/home or work visit anything like that on the absence letter?
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VijayUK
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by VijayUK » Fri Mar 02, 2018 3:31 pm
GMO wrote: ↑Fri Mar 02, 2018 12:42 pm
VijayUK wrote: ↑Mon Feb 26, 2018 12:15 pm
Happy to share that my ILR is approved this morning and waiting for BRP now.
- Earlier absences they did not count I guess and I did not provide any sort of supporting document for that.
I had 260 day absence during Oct 2013 and Aug 2014.
If you split thats ok. Consecutive I was worried but they approved it .
Congrats
thats a great news...Can ypu please help me by saying how u mention or split days on absence letter. Dis you say work from distance/home or work visit anything like that on the absence letter?
Sorry if my reply is against the rules by hijacking others post.
GMO - I just mentioned the days I started and returned against which I mentioned either Vacation or Business.. I did not split.
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GMO
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by GMO » Fri Mar 02, 2018 3:35 pm
ok thanks..
like in this year i took 4 weeks annual leave and one week i worked from back home as well...so its total 5 weeks out of the country1 So im confused like how to mention this,,,what will be the format....any help???
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VijayUK
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by VijayUK » Fri Mar 02, 2018 3:40 pm
I would put that as Vacation and Business
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GMO
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by GMO » Fri Mar 02, 2018 3:52 pm
alright.If it is ok then Can you please share the format you used as a letter of absence. Thanks