240 days out side uk in one trip

[jj809211]

I came to Uk dated 12 July 2015,
Left Uk dated 31 may 2017 with valid visa and returned Uk 13 13 feb 2018. Total 240 days out side Uk in one trip.
Now I am have visa tell feb 2028 l.
When I can apply for 10 year long residency.
I know I cannot apply on 12 July 2025 but my question when can apply for ILR

[zimba]

You can apply when in your 10-year period you do not fail the requirements. Probably you need to delay that application by a few months to get there.

Make sure to read this: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[jj809211]

Thank you Zimba
My 240 days is not count as broke long residency
I spend 9 months in one go with valid visa

[zimba]

Yes it will unless you move the ILR decision date forward. The fact that you had valid visa is irrelevant. Please read the advice given

[jj809211]

Thanks
I think August 2027 is my 10 year long residency completed if I excluded six months my one trip

[zimba]

As I said, you do not need to exclude the whole period. You need to exclude around 60 first days of your absence to get to 184 days. You do this by delaying the ILR application for two or more months

[jj809211]

Thank you zimba

[jj809211]

One person said this to me
Hi. Considering your 284-day absence in July 2017 breaks your continuous residence under Appendix Long Residence, your qualifying period restarts on your return around April 2018, meaning you’ll complete ten years’ lawful residence in April 2028 and may apply for ILR 28 days before that.

Regrettably, you cannot discount that absence – any absence commencing on or after 11 April 2024 still counts towards your allowance and must not exceed 180 days in any rolling 12-month period.

[jj809211]

And also mentioned
I’m afraid you cannot deduct 180 days from that 284-day trip, as any single absence beginning before 11 April 2024 must not exceed 184 days – exceeding that breaks continuous residence under Appendix Long Residence.

[zimba]

They are wrong and clearly do not understand the rules at all.

1. The absence requirement only applies to the qualifying period for ILR. If you count 10 years from the date of ILR decision and backwards, that is your qualifying period.

2. They are wrong about the rolling 184-day absence limit. That new limit only applies to absence period that started after the 11 April 2024. The old rules apply to absences that started before that. I already have given you details of the immigration rules under the link I shared above

3. They also do not understand what the 28-concession is. This has nothing to do with the application date or when you can apply. There is nothing in the rules that require you to apply at a specific point.

Learn about the 28-day concession here: Applicants can benefit from the date of the ILR decision

[jj809211]

I agreed with zimba explanation

[jj809211]

Sorry again
The expert mentioned again
You're not able to “discount” 180 days from the 284-day absence: your single absence of 284 days in July 2017 exceeds the 184‑day limit for trips that began before 11 April 2024 and therefore breaks continuous residence under the long‑residence (10‑year) ILR route. The so‑called “28‑day concession” simply allows applications to be lodged up to 28 days before completing the qualifying period; it carries no ability to forgive or truncate an overlong absence.

[zimba]

Sorry again
The expert mentioned again
You're not able to “discount” 180 days from the 284-day absence: your single absence of 284 days in July 2017 exceeds the 184‑day limit for trips that began before 11 April 2024 and therefore breaks continuous residence under the long‑residence (10‑year) ILR route. The so‑called “28‑day concession” simply allows applications to be lodged up to 28 days before completing the qualifying period; it carries no ability to forgive or truncate an overlong absence.

They are not an expert and do not have a proper understanding of the rules. It is not about discounting at all. You do not start your 10-years from any random point in the past. Instead, the ILR qualifying period is counted BACKWARDS. So you can position yourself in such a way that you do not fail the requirements by delaying the date of ILR decision. For that 10-year period, you do not need to discount anything as you do not fail the requirements at all.

The rules tell you this explicitly as I showed here: Applicants can benefit from the date of the ILR decision

Also, I never argued the 28-day concession has anything to do with the discussion of the absences at all
I just pointed that they do not understand what the 28-day concession is.

[jj809211]

Thanks Zimba for instant and an effective response

[jj809211]

Respected zimba
Following is from Immigration rules appendix
To meet the continuous residence requirement, the applicant must not have been outside the UK for more than 180 days in any 12- month period

For any absence from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of their current application unless CR 3.3 applies, and subject to CR 3.4.
My question how can I started my consecutive months I think from the date of my ilr application
This the explanation of 12 consecutive moths
12 Consecutive Months:
This approach checks for absences within a specific, defined 12-month block. For example, if you apply on June 30th, the consecutive 12-month period would be from July 1st to June 30th of the previous year. You would need to ensure that your absences within that specific 12-month period did not exceed the

[zimba]

Paragraph CR 3.2 does NOT apply to the long residence route as CR 3.3 applies. The immigration rules literally tell you this.

I already covered Paragraph CR 3.3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

CR 3.2. For any absence from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of their current application unless CR 3.3 applies, and subject to CR 3.4.

CR 3.3. Subject to CR 3.4, where the application is under Appendix Long Residence, the applicant must not have:
(a) spent a total of more than 548 days outside the UK during their qualifying period, where that 548-day total was reached before 11 April 2024; and
(b) been outside the UK for more than 184 days at any one time during their qualifying period, where that absence started before 11 April 2024.

https://www.gov.uk/guidance/immigration ... -residence

I have already given you extensive advice on this. If you do not understand the rules, please refrain from interpreting the immigration rules. It seems you are seeking advice from multiple sources without understanding them and clearly from people who do not know what they are talking about.

[jj809211]

Thanks you for your Clarification