Hi,
I am struggling to understand the new (2018) rolling basis rules for the continuous period that is required in the UK if someone is looking to apply for ILR after 5 years on a Tier 2 Visa. Here's the official guidelines:
No more than 180 days’ absences are allowed in a consecutive 12-month period.
Absences from the UK during period of leave granted on or after 11 January 2018 are considered on a rolling basis. If the applicant’s qualifying period includes leave granted before 11 January 2018, any absences during that leave are considered in consecutive 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in consecutive 12-month periods, ending on 30 June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this
https://assets.publishing.service.gov.u ... 2.0ext.pdf
What does the rolling basis part mean? Can I only be out of the UK for 180 days in the whole 5 years? That can't be right can it? Or is it simply that they can look at any 12 month period and see if there was an absence of more than 180 days in those 12 months?
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