Query on Calculating 180 absence period for Set (O) ILR

[sanya12]

Hi all,

My situation below is a little confusing so nay help you can provide will be highly appreciated.


I switched from a Tier 4 to a Tier 2 visa in-country Tier 2 application and it was issued on 6th July 2015. I was in the country when I got my BRP.

I was in the country at the time, and my job contract was due to start in September, therefore, I went on a 2 month holiday before joining work, which started 1 week after I got my BRP. So I believe the time of entry into the UK is the time of my BRP date as I was in the country.

Because of work travel, between 6th July 2015 and 6th July 2016, I traveled a lot, and including my 2 month summer holiday, my absences are around 200 days.

I would like to apply for ILR ASAP and based on my calculation, the earliest I can apply is 8th of June 2020, as I was in the country when I got my Tier 2 visa. My immigration adviser has advised that the first 2 month summer holidays do not count towards my 180 day limit, as they were before I started employment, and the rules are 'absences must be in line with your sponsored visa' so she advises that I can apply on the 8th of June 2020 for ILR (5 years minus 28 days).

Im not sure about this as I cannot find this information anywhere else, does anyone know if this is correct?

[zimba]

All absences from the UK will count towards the 180 days limit, before or after the start of the employment and as long as they are part of your qualifying period

[sanya12]

Thanks for your quick reply Zimba. Should I assume I'm being wrongly advised then?

Also, does it help if many of the absences are due to work (can be confirmed via letter from work)

[zimba]

Thanks for your quick reply Zimba. Should I assume I'm being wrongly advised then?

Also, does it help if many of the absences are due to work (can be confirmed via letter from work)

Yes the advice is nonsensical. Also you cannot have absences of more than 180 days in each residence year