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180 days absence - query

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ashokkru
Newly Registered
Posts: 28
Joined: Sun Feb 22, 2009 7:46 pm

180 days absence - query

Post by ashokkru » Tue Apr 12, 2011 11:32 am

hi

Does the days between grant and entry to UK count towards number of days(180) outside UK?

appreciate if anyone answers.

thanks in advance

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Does the days between grant and entry to UK count toward

Post by xyz123 » Tue Apr 12, 2011 1:23 pm

ashokkru wrote:hi

Does the days between grant and entry to UK count towards number of days(180) outside UK?

appreciate if anyone answers.

thanks in advance
No because the period between grant of visa and entry to UK is not considered as part of the 5 year qualification period. Your ILR clocks starts on the date when you enter UK.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Re: Does the days between grant and entry to UK count toward

Post by [iD] » Tue Apr 12, 2011 1:31 pm

xyz123 wrote:
ashokkru wrote:hi

sorry to hijack this post, small question.

Does the days between grant and entry to UK count towards number of days(180) outside UK?

appreciate if anyone answers.

thanks in advance
No because the period between grant of visa and entry to UK is not considered as part of the 5 year qualification period. Your ILR clocks starts on the date when you enter UK.
2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have
spent 5 years continuously in the UK before their current leave expires. Caseworkers may
count the period between entry clearance being granted and the date the applicant entered
the UK towards the 5 years, provided this period was not longer than 3 months.

Source: Annex B -> 2.2 Applications that fall short of the five year continuous period
Goodluck.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Does the days between grant and entry to UK count toward

Post by xyz123 » Tue Apr 12, 2011 3:54 pm

[iD] wrote:
xyz123 wrote:
ashokkru wrote:hi

sorry to hijack this post, small question.

Does the days between grant and entry to UK count towards number of days(180) outside UK?

appreciate if anyone answers.

thanks in advance
No because the period between grant of visa and entry to UK is not considered as part of the 5 year qualification period. Your ILR clocks starts on the date when you enter UK.
2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have
spent 5 years continuously in the UK before their current leave expires. Caseworkers may
count the period between entry clearance being granted and the date the applicant entered
the UK towards the 5 years, provided this period was not longer than 3 months.

Source: Annex B -> 2.2 Applications that fall short of the five year continuous period
To clarify, my answer was purely in relation to the 180 days requirement. Technically the period between visa issue and entry to UK is not considered part of ILR period but only if the person needs an extension then the caseworker may apply descretion.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Apr 12, 2011 4:02 pm

Unless you have entered UK, you cannot leave / exit UK to be considered as "absent from UK".

Absence(s) can be counted only after entry into the UK.
Life isn't fair, but you can be!

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