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180 days out of UK - when does 5 year time period run from?

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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cmsnz
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180 days out of UK - when does 5 year time period run from?

Post by cmsnz » Mon Jul 04, 2011 4:50 pm

In relation to the "no more than 180 days out of the country in 5 years" rule, when does the 5 years run from? I have been able to apply for ILR since February 2011 (I had a work permit, then got HSMP for 1 year in 2007, then 4 year extension - HSMP still current until 2012), but I am not sure when to start counting the 5 years from. Is it 5 years counting back from today? If so, I would have been out of the country for just under 180 days during this time. However, if is calculated from the time I received my work permit 5 and a half years ago, I have been out of the country for nearly 200 days. (ie. when I set out the dates I have been out of the UK on my various holidays do I set out all my holidays from February 2006, or from July 2006)?

Thanks for your help.

gidoc
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Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Mon Jul 04, 2011 7:01 pm

Count 5 yr backwards, from the date of your applicatuion, if you fulfill all other criteria for ILR.

Sushil-ACCA
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Post by Sushil-ACCA » Tue Jul 05, 2011 12:03 am

clock start when first applicant enters in UK

SO FROM THE date u entered UK yr 5 year rule started
CDOKS

gidoc
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Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Tue Jul 05, 2011 6:30 pm

Is it 5 years counting back from today? If so, I would have been out of the country for just under 180 days during this time. However, if is calculated from the time I received my work permit 5 and a half years ago, I have been out of the country for nearly 200 days.
Better off as I suggested!

geriatrix
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United Kingdom

Post by geriatrix » Tue Jul 05, 2011 6:38 pm

OP, follow gidoc's suggestion. That's the accurate response to your query.
Life isn't fair, but you can be!

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