Tier 2 policy guidance for ILR applications from 6 Apr 2016

[talk2ram.28]

New rule from Apr 2016 for calculating continuous period. The period of absence from entry clearance date in the visa and date actually landing into UK will now be part of 180 days.

https://www.gov.uk/government/uploads/s ... 1_2015.pdf

Applications for settlement made
before 6 April 2016
You can include time between your
entry clearance being granted and
you entering the United Kingdom as
part of your continuous period but
only if the delay is less than 90 days.
Absences between the date entry
clearance is granted and the date you
enter the United Kingdom are not
treated as an absence from the
United Kingdom and do not form part
of the 180 days allowed within the
relevant 12 month period.
If the delay is more than 90 days, the
earliest date you can include in your
continuous period will be the date you
enter the United Kingdom.

Applications for settlement made
on or after 6 April 2016
You can include time between your
entry clearance being granted and
you entering the United Kingdom as
part of your continuous period.
Absences between the date entry
clearance is granted and the date you
enter the United Kingdom are treated
as an absence from the United
Kingdom and will form part of the 180
days allowed within the relevant 12
month period.
For example, if you entered the
United Kingdom 100 days after you
obtained entry clearance and have a
further 81 days absence during the
remainder of that 12 month period,
you will have exceed the number of
Tier 2 Policy Guidance (Version 11/2015) Page 62
absences permitted from the United
Kingdom

[iworker]

interesting change.. wonder if this would apply for PBS dependents as well, particularly when they didnt used to loose out even if they stay out of the country for 180 days before..

[secret.simon]

Crikey, for once, they are actually relaxing the Rules. But then they may be bringing in other, more detrimental, changes that we are not aware of yet.

[iworker]

@above.. i would be a little cautious to say its relaxing the rule. If you look closely, it could be driven by another motive.
If a migrant was late to enter and then takes few more days out of the country, he could now easily reach 180 days out of country, and loose the first year and hence might not be eligible for settlement due to 6 years cap.
On the other hand, previously if someone had entered late, and went on holiday abroad and came back, he may have been able to apply after 5 years + the time he delayed to enter as his yearly count would have been limited to well below then 180.
i think they have realized that a lot of people take much longer to enter once the leave is granted to serve notice period etc.

[secret.simon]

Correct me if I am wrong, but if a person entered the UK much later than his visa start date, he still have the option of applying later such that the number of days that he was not in the UK in the first year was less than 180 days.

[mjcr28]

Hi

This is interesting

As i entered 98 days after entry clearance and have only 10 days abroad.
so will i be eligible as my visa date on passport is 6 th Feb 2011 and entered 12th May 2011.

so would i be able to apply in Jan 2016

[iworker]

@above.
these rules dont apply till april 2016, so you cant apply earlier.

[mjcr28]

Thanks Iworker

was getting my hopes high as i am not on
35 k salary , and i am eligible on 15th April 2016

[mjcr28]

Hi

So anyone applying after 6th April 2016, will they have to count absences, including if they entered late in the country.

I entered after 98 days, so will i have to include 98 days in my absence sheet for my first year.

trying to get my head round.