Immigrationboards.com

Hello,

I am seeking some guidance on the eligibility criteria for ILR, specifically regarding the allowed periods of absence from the UK.

Background: I initially arrived in the UK on a Tier 2 General visa and switched to a Skilled Worker visa two years ago. My application for ILR is due in April.

Confusion: I have come across conflicting information regarding the permitted duration of absence for ILR eligibility. Some sources indicate that an absence of up to 90 days in a calendar year is acceptable, while others suggest that one should not be outside the UK for more than 180 days in total over a 5-year period.

Questions:
1. Which of these absence criteria is currently applicable for ILR applications under my visa category?
2. Are there any specific considerations or exceptions for those who have switched from a Tier 2 General to a Skilled Worker visa?
3. What is the best way to calculate the total days of absence, and are there any particular periods or reasons for absence that are exempted?

Any advice or guidance on this matter would be greatly appreciated, as I want to ensure my application aligns with the latest requirements.

Thank you in advance for your assistance.

Confusion: I have come across conflicting information regarding the permitted duration of absence for ILR eligibility. Some sources indicate that an absence of up to 90 days in a calendar year is acceptable, while others suggest that one should not be outside the UK for more than 180 days in total over a 5-year period.

Useful only to read official UKVI CURRENT guidance. The 90 days is from a few years ago, old information now.

1. Which of these absence criteria is currently applicable for ILR applications under my visa category?

You cannot have absence of more than 180 days in ANY rolling 12 month period. If you do, it breaks your continuity of residence.

2. Are there any specific considerations or exceptions for those who have switched from a Tier 2 General to a Skilled Worker visa?

Your ILR will be based on the CURRENT Skilled Worker Rules.

3. What is the best way to calculate the total days of absence, and are there any particular periods or reasons for absence that are exempted?

There are no exemptions. ALL absences are counted. You only count WHOLE days out of the UK.