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Travel outside the country in last 12 months of qualifying period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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amitkrulz
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Posts: 1
Joined: Mon Jun 19, 2023 1:13 pm
India

Travel outside the country in last 12 months of qualifying period

Post by amitkrulz » Mon Jun 19, 2023 1:27 pm

Hello folks,

Me and my spouse are in the last 12 months of the 5 year qualifying period.(we both entered UK on 15th march 2019)

We just had a baby in UK and due better support back home , she is planning to travel to her parents later this year. My friends have been advising to not be more than ok days outside the country, in the last year, however I don’t seem to know where is this rule! Please help me with the details provided below, if there’s any issue in ILR eligibility if she travels on the below planned dates



my spouse PAST travel dates since we entered UK on 15th March 2019

2019:17th April till 18th May (32 days)
2020: None
2021: 26th Sept till 6th Nov (42 days)
2022 : 14th Sept to 17th Sept (4 days)

Here is her FUTURE travel and additional context :

I am the primary visa holder and am eligible for my ILR ( 5 years completion) in march 2024.
My wife will be visiting India from 1st September 2023 till 15th Feb 2024. (168 days)

Question repeated:Will this future travel affect her ILR eligibility next year?

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zimba
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Posts: 23185
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Travel outside the country in last 12 months of qualifying period

Post by zimba » Mon Jun 19, 2023 1:39 pm

Such a rule does not exist. You simply cannot have more than 180 days of absence in ANY 365-day period. It has nothing to do with each specific year or the last year or anything like that
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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