Page 1 of 1

Eligible for ILR after moving back to UK from US

Posted: Mon Oct 09, 2023 3:19 am
by ankitjainb27
Hi,

I moved to UK from India on 1st April 2019 to join an employer, let me name it as XYZ. I moved with Tier 2 General Visa.
On 23rd April 2023, I moved to US with the same employer (UK is a subsidiary of US employer, but as far as I know - register separately in UK). Had I not moved to US, I would have been eligible for ILR on 1st April 2024.
I want to move back to UK for some personal reasons, but I am not sure if I will be able to continue with the 5 year continuous stay or with the 5 year clock restart?

Can someone please help me, need priority support here.

Re: Eligible for ILR after moving back to UK from US

Posted: Mon Oct 09, 2023 7:40 am
by vinny
ILR clock resets, if you have been absent from the UK for more than 180 days, etc.

Re: Eligible for ILR after moving back to UK from US

Posted: Mon Oct 09, 2023 11:03 am
by ankitjainb27
Thanks, I do know that clock resets, if one is absent from the UK for more than 180 days, etc.

But I know there is a concept of rolling period, can I split the time spent outside of UK in a way that it falls in different years.

Re: Eligible for ILR after moving back to UK from US

Posted: Mon Oct 09, 2023 11:24 am
by CR001
No, it doesnt work like that.

Any absence of 180 days or more in any 12 month rolling period breaks continuity of residence.

Re: Eligible for ILR after moving back to UK from US

Posted: Mon Oct 09, 2023 12:29 pm
by zimba
ankitjainb27 wrote:
Mon Oct 09, 2023 11:03 am
Thanks, I do know that clock resets, if one is absent from the UK for more than 180 days, etc.

But I know there is a concept of rolling period, can I split the time spent outside of UK in a way that it falls in different years.
That is the opposite of the rolling calculation. The rules were changed several years ago to prevent exactly that. You cannot have more than 180 days of absence within ANY 365-day period. Nothing to do with years at all