Yet another continuous residence question :)

Hi,

I am currently on a Tier2 visa and planning to apply for ILR in Feb 2022. I would like to ask how the absence from UK is calculated on a rolling basis.

Context: Due to COVID-related disruptions and personal emergencies, I had to be away from the UK for 80 days from Oct 2020 - Jan 2021, and 105 days from March 2021 - June 2021. My employer allowed me to work remotely during this period.

When I apply for ILR in Feb 2022, would they check the rolling periods as Feb 2021 - Feb 2022, Feb 2020 - Feb 2021, and so on? If so, my absences in both periods will be less than 180 days.

Or do they check for my absence in ANY 12 month period? For example, if they check from Oct 2020 - Oct 2021, my absence will be greater than 180 days.

Kindly let me know. Thank you for your kind help.

ictian wrote: ↑

Wed Jun 09, 2021 7:59 pm

Or do they check for my absence in ANY 12 month period?

This one.

That is the idea behind a "rolling basis", that the conditions are met on all days within a defined period.

The rolling basis calculation means: No more than 180 days’ absences are allowed in ANY consecutive 12-month period
So in theory, if you choose any RANDOM date within the 5 year period and add 12 months to that date, that is your 12-month consecutive period and you should not have more than 180 days of absence in that period.

e.g. Let's choose a date: 02/07/2020.
Your consecutive period will be from that date to 01/07/2021. In this period you cannot have more than 180 days of absence. and so on ..

Thank you.

Hi,

I have a question on continuous residence rules for ILR and would appreciate any help. I was given leave as a Tier-2 General worker in February 2017 and will apply for ILR in Feb 2022.

As I understand, there are two ways of calculating absences from the UK: in a 12-month consecutive period or in *any* 12-month rolling period. Which of the ways of calculating absences from the UK will apply in my case?

Looking at this document: https://www.gov.uk/guidance/immigration ... -residence, it seems CR2.2 will apply in my case and I don't have to worry about rolling absences in any 12 month period.

CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period (unless CR 2.2. applies).

CR 2.2. For any absences from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

Could someone please confirm if my understanding is correct that I only need to calculate absences in consecutive 12 month periods, as my leave was granted before 11 January 2018? Thanks.

You missed the part right at the top of the page that you linked to in the post above, which says,

It applies only to applications under Appendix Skilled Worker, Appendix Representative of an Overseas Business, Appendix Global Talent, Appendix Innovator, Appendix T2 Minister of Religion, Appendix International Sportsperson, Appendix UK Ancestry, Appendix Domestic Worker in a Private Household, Appendix T5 (Temporary Worker) International Agreement Worker, and Appendix Hong Kong British National (Overseas).

Long Residence has its own set of definitions for continuity of residence.

Immigration Rule 276A(a) starts with "

“continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return,...

Any single continuous absence from the UK of 180 days, wherever in the calendar year it may occurs, breaks continuity of residence for ILR Long Residence.

Zimba's answer above also states the same.

Thanks for the reply. As I mentioned in my post, I was granted leave on a Tier-2 (General) visa which I assume is the same as Skilled Worker. Hence, the above rules should apply to me. Please correct me if I misunderstood.

Are you applying for ILR based on the five year Tier 2/Skilled Worker route or on the 10 year Long Residence route?

Five-year Tier 2/Skilled Worker route. I was given leave as a Tier-2 General worker in February 2017 and will apply for ILR in Feb 2022.

I apologise. For some reason, I thought your ILR application was due to be on the basis of LR.

Was February 2017 your most recent grant of leave or did you have a renewal/fresh grant of leave at any time after January 2018?

No problem, I appreciate your reply.

February 2017 was my only grant of leave and I'll be applying for ILR based on completing 5 years of this leave. No other leaves were granted after that.

If the most current grant of leave you have predates 11 January 2018 and you are applying under the categories listed in the link you listed above, then yes, CR2.2 would apply.

Thanks for confirming it. Much appreciated!