180 day rule for ILR application submission

[kikzz77]

Hi All,
I am sure someone else might have brought this query.But, for my peace of mind, I am trying to gather as much as information as possible in regards to the 180 day rule.
I am currently on Tier 2 general visa and I am completing my 5 year tenure on 9th November 2019. I came to the UK on 9 November,2014. Below are my entry and exit dates since I came to the UK. In total, I have been outside of the UK for 258 days.

Entry(UK) Exit DAY(S)
9 NOV 2014 29 MAR 2015
16 NOV 2015 28 SEP 2015 18
10 MAY 2016 04 AUG 2016 225(Maternity)
17 AUG 2016 27 AUG 2016 14
28 AUG 2016 1

My last visa extension was completed in October 2017 , which is valid for 3 years until Sep 29, 2020.
One another thing in regards to my child. He came to the UK(28 AUG 2016) on my husbands Tier 2 ICT visa and got converted as my dependent in May 2018.

Based on the above facts, could you please clarify my below questions :
1. Am I eligible for applying ILR in October,2019 (after 4 year 11 months). Will the 180 day rule impact my application submission as I have been outside for 258 days.
2. Is my child eligible for ILR in October,2019 along with me even though he has not completed in quota of 5 years in the UK.

Thanks

[zimba]

1. Am I eligible for applying ILR in October,2019 (after 4 year 11 months). Will the 180 day rule impact my application submission as I have been outside for 258 days.

No. Any continuous absence period of more than 180 days will break the continuous residence.

2. Is my child eligible for ILR in October,2019 along with me even though he has not completed in quota of 5 years in the UK.

No. Non UK born children follow the immigration path of less privileged parent

[kikzz77]

Thank you for the reply.
Could you please help me with the next steps as well in this. Should I provide any additional documents to cover the absense.

[CR001]

Thank you for the reply.
Could you please help me with the next steps as well in this. Should I provide any additional documents to cover the absense.

Page 9 in link below.

https://assets.publishing.service.gov.u ... -v18.0.pdf

Transitional Arrangements – rolling 12 month period
For settlement applications made from 11 January 2018, you must consider
absences from the UK on a rolling basis, rather than in separate consecutive 12-
month periods. If the applicants qualifying period includes leave granted before this
date, any absences during that leave will be considered under the previous rules – in
separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes
the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this
grant of leave will be considered in separate 12-month periods, ending on 30
June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during
this grant of leave will be considered on a rolling basis: you must not include
any absences from the previous grant of leave when you assess this

[kikzz77]

Thank you for the detailed explanation.
One question in that case.
As per the rule, since my absence is during the period from Sep 2015 - May 2016, I would fall under the category of "any absences during this grant of leave will be considered in separate 12-month periods".
That means, if I submit my application on Jan 1 2020, I would assume that I have not been outside of the UK more than 180 days in any of the separate 12 month period, ending on Dec 31 each year.
Please correct me if I am wrong here. Your help is greatly appreciated.

[CR001]

The 12 month periods count backwards from date of application. It is not a 'calendar year'. So you would have to work out how to split your absence across two separate 12 month periods.

[kikzz77]

Thank you for the reply. That clarifies the whole thing.