ILR - Set(O) - 5 year lawful continuous period Calculation

[kadavom]

Dear Admins - hope you are doing good. I have a query on 180 days absence - if it falls at the beginning of 5 year calculation, is that considered allowable absence? My case is below.

I am on Tier 2 ICT with initial leave granted in 2009 and same visa got renewed multiple times. I have one big absence from Jan 2013 to Jan 2015 but my Visa was valid during my absence. Now I am planning to do my ILR application date as Aug 2019 which takes 5 years from Aug 2014 where I was not in UK. Whether the six months break from Aug 2014 to Jan 2015 (~165 days) can be considered towards allowable continuous period calculation. Please advise.

I was reading through the documents in gov.uk site - no where it mentioned that person should be physically present in UK at the beginning of the 5 year period (unlike for Citizenship, for which person has to be physically present in UK at the beginning of the period). Page 8 in the "calculating continuous period in UK" document, stated - "...Therefore if the applicant had a single absence during the 12 month period and arrived in the UK on day 181, the period would not exceed 180 days…."

Thank you for your time.

[kadavom]

Dear Admins - could you please advise on this? thank you for your time.

[kadavom]

Dear Admins - hope everyone doing good.

could you please advise on the below couple of questions on 5 year lawful calculation,

Q1: In ILR Set(O) application - is there any rule that "the applicant has to physically present in UK on 1st day of 5 year starting period?" Or if there is any absence (less than 180 days in 1st 12 months period of 5 year period) falling at the start of 5 year period - is that considered allowable absence? provided the applicant entered to UK multiple times before the latest 5 year period on the same visa (Tier-2 ICT, initial grant was in 2009, first entry to UK in 2009, and renewed multiple times in UK, and still valid 1 more year).

Q2: what date we need to mention in the application against "when did you first enter the UK"? is it 2009 or the latest entry to UK in the latest 5 year period?

Thank you for your time.

[zimba]

There is no rule that you must have been physically present in the UK. You should not have more than 180 days of absence in a residence year. The 165 days in the beginning should be counted towards the allowable absences which means your total absences between Aug 2014 and Aug 205 must not exceed 180 days.

[kadavom]

There is no rule that you must have been physically present in the UK. You should not have more than 180 days of absence in a residence year. The 165 days in the beginning should be counted towards the allowable absences which means your total absences between Aug 2014 and Aug 205 must not exceed 180 days.

Thanks Zimba - this is very much helpful. I was in confusion about this, either file application this August or wait till Jan-2020.

I believe, in the application against "when did you first enter the UK"? I should mention the first date of entry i.e., in my case it is 2009... right? Pls advise.

Thank you for your time.

[zimba]

Yes