Absences from UK - New calculation for ILR

[praveennaga]

Hi,

I am quite confused with the new rolling-based calculation for absences outside the UK for ILR applications.

I couldn't apply for ILR this year even though I was on 5yr Tier 2 visa because I spent 180+ days outside UK in one of the 5year periods. So, I had to extend my Tier 2 for one more year.

Based on the below absences, Could anyone here help me in finding out the earliest date I can apply for ILR? Can I split my 184 days absence in 2014 (see below table) or will it be considered as a single absence which restricts me to split?

My visas:
Tier 2 general 5yr visa: 07-May-2014 to 21-May-2019
Tier 2 general extension 1yr visa: 28-May-2019 to 07-May-2020

My absences:


Thank you in advance.

[zimba]

We need a date for your application let's assume it is 1st Nov 2019 (This can also be your ILR decision date)
Please note that as your 5 year visa was granted before 11 Jan 2018, transitional arrangements apply until 27-May-2019 when you got a new visa.

First your absences will be counted in 12 months consecutive basis while ignoring any of our absences from 28-May-2019 onwards.
Then for the period 28-May-2019 to 1st Nov 2019, the absences are counted on a rolling basis.

28-May-2019 -> 1st Nov 2019 (For this period absences are counted on a rolling basis)
2nd Nov 2018 -> 1st Nov 2019 (For this period absences from 28-May-2019 onwards are NOT counted)
2nd Nov 2017 -> 1st Nov 2018
2nd Nov 2016 -> 1st Nov 2017
2nd Nov 2015 -> 1st Nov 2016
1st Nov 2014 -> 1st Nov 2015 (This is your FIRST YEAR)

Based on what I see you could have applied for ILR as long as the total absences in your FIRST YEAR (which its start/end are determined by your ILR application/decision date) was kept below 180 days

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