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The 180-day rule for a Skilled Worker visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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skilledworkerqueries
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The 180-day rule for a Skilled Worker visa

Post by skilledworkerqueries » Mon Sep 23, 2024 1:38 pm

Hello,
I hold a Skilled Worker visa, and my wife and child have been traveling and staying in their home country for more than 180 days. I wanted to inquire if this extended absence could lead to their application for Indefinite Leave to Remain (ILR) being rejected. If so, what are the alternative options for them to obtain ILR? Would they need to remain as dependents and complete another 5-year period?

Thanks a lot in advance!

skilledworkerqueries
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Re: The 180-day rule for a Skilled Worker visa

Post by skilledworkerqueries » Thu Sep 26, 2024 9:16 am

Appreciate any response, thank you

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CR001
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Re: The 180-day rule for a Skilled Worker visa

Post by CR001 » Thu Sep 26, 2024 9:22 am

Your wife won't qualify for ilr as she has broken her continuous residence with an absence of lore than 180 days.

She will have to extend her visa, and the child's visa if child is not uk born, until she meets the 5 year requirement.
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skilledworkerqueries
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Re: The 180-day rule for a Skilled Worker visa

Post by skilledworkerqueries » Thu Sep 26, 2024 1:38 pm

Hello CR001,

Thank you for your response, that was helpful.

Does this mean she will need to extend her visa for an additional 6 months, or will she be required to start a new five-year period again?

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Re: The 180-day rule for a Skilled Worker visa

Post by CR001 » Thu Sep 26, 2024 1:41 pm

What date did she return to the UK?

As her continuous residence is broken, she starts 5 years again.

There is no 6 month renewal option.
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skilledworkerqueries
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Re: The 180-day rule for a Skilled Worker visa

Post by skilledworkerqueries » Thu Sep 26, 2024 1:44 pm

CR001 wrote:
Thu Sep 26, 2024 1:41 pm
What date did she return to the UK?
She returend this year after spending about 6 months.
CR001 wrote:
Thu Sep 26, 2024 1:41 pm
As her continuous residence is broken, she starts 5 years again.

There is no 6 month renewal option.
OK, I thought she needs to cover for her absense, but looks like she needs to start over again

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