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The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 11:39 am
by bokishai
Hello All,

I am due for my ILR and planning to complete the application by end of Jan-2019.
I was filling up the form and came across the below which has confused me:
If you are applying in one of these categories, you must not have had absences from the UK of more than 180 days in any 12 months. 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 leave granted before 11 January 2018, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your settlement application.

For example, you apply for settlement on 30 June 2020. Your 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. We will not include any absences from the previous grant of leave when we assess this.


Actually, the example has confused me a lot!

The way I have understood is that, if someone is applying for ILR on 02 February 2019, they have to count back 365 days to 01 February 2018 to check that they have not exceeded the 180-day limit in that period, and so on until the start of their five years’ residence in the UK.
In short, ANY 12 month cycles counting backwards from date of ILR application where I have exceeded the absence limit; is my understanding correct??

Thanks in advance.

Kind Regards,
SS

Re: The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 11:42 am
by CR001
Useful to state what visa you hold and the route to ILR you are applying under :idea:

Re: The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 11:55 am
by bokishai
Many thanks for the prompt response.
I am currently on Tier 2 General.

Not sure, what you meant by "the route to ILR you are applying under"?

Thanks,
Sachin

Re: The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 12:21 pm
by bokishai
bokishai wrote:
Fri Jan 04, 2019 11:39 am
Hello All,

I am due for my ILR and planning to complete the application by end of Jan-2019.
I am currently on Tier 2 General.

I was filling up the form and came across the below which has confused me:
If you are applying in one of these categories, you must not have had absences from the UK of more than 180 days in any 12 months. 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 leave granted before 11 January 2018, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your settlement application.

For example, you apply for settlement on 30 June 2020. Your 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. We will not include any absences from the previous grant of leave when we assess this.


Actually, the example has confused me a lot!

The way I have understood is that, if someone is applying for ILR on 02 February 2019, they have to count back 365 days to 01 February 2018 to check that they have not exceeded the 180-day limit in that period, and so on until the start of their five years’ residence in the UK.
In short, ANY 12 month cycles counting backwards from date of ILR application where I have exceeded the absence limit; is my understanding correct??

Thanks in advance.

Kind Regards,
SS

Re: The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 12:22 pm
by CR001
Not sure, what you meant by "the route to ILR you are applying under"?
There are many routes through which someone can apply for ILR. So if you hold tier 2 general, you are applying through 5 years on Tier 2 General.

Re: The 180 day absence rule for ILR applications

Posted: Fri Jan 04, 2019 12:25 pm
by bokishai
CR001 wrote:
Fri Jan 04, 2019 12:22 pm
Not sure, what you meant by "the route to ILR you are applying under"?
There are many routes through which someone can apply for ILR. So if you hold tier 2 general, you are applying through 5 years on Tier 2 General.
Yes that is correct, I am applying through 5 years on Tier 2 General.
So, is my understanding of the 180 day absence rule for ILR applications correct?

Thanks,
SS

Re: The 180 day absence rule for ILR applications

Posted: Tue Jan 08, 2019 2:22 pm
by bokishai
Hello All,

Can someone please advise me on my query of the new 180 days absence rule?

Appreciate any assistance.

Thanks,
SS

ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:15 am
by bokishai
Hello Everyone,

Hope you are doing well.

I am going to apply for my ILR through the Tier 2 General 5 year route.

I have completed 5 years in Tier 2 route on 06 Dec 2018. During my 5 years under Tier 2 General route, I had two employers who sponsored my visa. Prior to this, I have never visited or lived in the UK.

I have completed the online application and in the document checklist, one of the evidence required is below:
"For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules. For further information concerning the evidence required, please refer to the Tier 2 migrant policy guidance on our website"

I have copies of the COS provided by my earlier company and the company I am currently employed with. Is it enough evidence?

Appreciate any assistance in this regard.

Thanking you, in anticipation of your response.

Kind Regards,
SS

Re: ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:19 am
by CR001
bokishai wrote:
Fri Feb 08, 2019 11:15 am
Hello Everyone,

Hope you are doing well.

I am going to apply for my ILR through the Tier 2 General 5 year route.

I have completed 5 years in Tier 2 route on 06 Dec 2018. During my 5 years under Tier 2 General route, I had two employers who sponsored my visa. Prior to this, I have never visited or lived in the UK.

I have completed the online application and in the document checklist, one of the evidence required is below:
"For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules. For further information concerning the evidence required, please refer to the Tier 2 migrant policy guidance on our website"

I have copies of the COS provided by my earlier company and the company I am currently employed with. Is it enough evidence?

Appreciate any assistance in this regard.

Thanking you, in anticipation of your response.

Kind Regards,
SS
It is NOT referring to your CoS. It is referring to visa held in a different category, i.e. Tier 1 General or Tier 1 Ent, that you are using to combine the time to make up 5 years.

If you only have 5 years Tier 2, there is nothing extra you need to submit.

Re: ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:28 am
by bokishai
CR001 wrote:
Fri Feb 08, 2019 11:19 am
bokishai wrote:
Fri Feb 08, 2019 11:15 am
Hello Everyone,

Hope you are doing well.

I am going to apply for my ILR through the Tier 2 General 5 year route.

I have completed 5 years in Tier 2 route on 06 Dec 2018. During my 5 years under Tier 2 General route, I had two employers who sponsored my visa. Prior to this, I have never visited or lived in the UK.

I have completed the online application and in the document checklist, one of the evidence required is below:
"For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules. For further information concerning the evidence required, please refer to the Tier 2 migrant policy guidance on our website"

I have copies of the COS provided by my earlier company and the company I am currently employed with. Is it enough evidence?

Appreciate any assistance in this regard.

Thanking you, in anticipation of your response.

Kind Regards,
SS
It is NOT referring to your CoS. It is referring to visa held in a different category, i.e. Tier 1 General or Tier 1 Ent, that you are using to combine the time to make up 5 years.

If you only have 5 years Tier 2, there is nothing extra you need to submit.
Hello CR001,

Many thanks for your response, much appreciated!

So, should I untick the check-box under the document checklist??

Thanks in advance.

Kind Regards,
SS

Re: ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:29 am
by CR001
Yes

Re: ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:47 am
by bokishai
Hello CR001,

Once again many thanks for your response.

The online application doesn't allow to proceed in case this checkbox is unticked?
So, is it fine this is ticked and no evidence is provided?

It is a bit confusing and misleading?

Thanks,
SS

Re: ILR application - Set(O) form [Documents to be submitted]

Posted: Fri Feb 08, 2019 11:47 am
by CR001
bokishai wrote:
Fri Feb 08, 2019 11:47 am
Hello CR001,

Once again many thanks for your response.

The online application doesn't allow to proceed in case this checkbox is unticked?
So, is it fine this is ticked and no evidence is provided?

It is a bit confusing and misleading?

Thanks,
SS
Yes