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Path to ILR - questions re personal case (180 days absence)

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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UKILRquestions
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Path to ILR - questions re personal case (180 days absence)

Post by UKILRquestions » Sat Jul 27, 2024 10:23 am

Time is nearing for me to consider my future re ILR + citizenship. My main query has been with regards to my absences over the 9 years. My first year I was out of the country in total for around 180 days, but have listed them below for a more accurate reference.

I believe that apparently the home office has changed laws recently surrounding days outside the country. I thought I post here to seek your help as to what the best way forwards would be for me and which route to apply for ILR and citizenship.

Visa Timeline:

Entered UK on T4 visa (2015) --> Stayed on T4 until change to T2 -> Change over to T2 visa (2022-present)

Absences:
• Total absences over 9 years: approx. 750 days
• Total absences (first year discounted) ie 8 years: approx. 560 days.
• If I start my absence counter from 2018: approx. 275 days.
• Absences since 2 years on skilled worker visa: 92 days.

Questions:
1. When would the earliest be that I can possibly apply for ILR? 10 year vs. 5 year skilled worker route?

— Given 180 absence in year 1, does that disqualify me from 10 year route or is my first year simply disregarded. Ie, can I choose what time period to start me 10 year route and ignore my first three years for example?

2. What are the logistics with regards to absences?

3. If my absences are going to causes obstacles, any tips as to what the best path would be for me to citizenship?

4. Can I discount days for first initial years and apply for a ten year period I believe would be better?

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zimba
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Re: Path to ILR - questions re personal case (180 days absence)

Post by zimba » Sat Jul 27, 2024 2:13 pm

I covered the absence rules here: viewtopic.php?t=336067#p2171106

You cannot rely on the historic 10 years anymore, so the final 10 year portion only matters anyway.
Note that the rule for absence limits for ILR and nationality applications are totally different!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

UKILRquestions
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Re: Path to ILR - questions re personal case (180 days absence)

Post by UKILRquestions » Sat Jul 27, 2024 3:00 pm

Thanks!

I’ve had a read of the link you posted.

Panic over I guess? I thought if I was 180+ days in my first year that automatically excluded me from the 10 year route.

10 year route - Does this mean i can essentially choose when to apply and start the timer backwards from then? Therefore if I've been here from 2015 but apply in 2028 absence will be looked at until 2018?

5 year route - therefore probably easier for me as I’ve only had about 90 days absence since starting on my skilled worker visa?

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Re: Path to ILR - questions re personal case (180 days absence)

Post by zimba » Sat Jul 27, 2024 3:12 pm

10 year route - Does this mean i can essentially choose when to apply and start the timer backwards from then? Therefore if I've been here from 2015 but apply in 2028 absence will be looked at until 2018?
Yes, they will count it backwards from the specified date
5 year route - therefore probably easier for me as I’ve only had about 90 days absence since starting on my skilled worker visa?
If you qualify earlier, then why not ?
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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