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How can I calculate my 180 days absence for indefinit leave to remain

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Coache
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United Kingdom

How can I calculate my 180 days absence for indefinit leave to remain

Post by Coache » Thu Mar 29, 2018 12:02 pm

Dear expert,

Please I have a question to clarify while I get ready to apply for my indefinite leave.

I am on tier 2 (General )

First travel :

I left the UK 6th March 2017 and came back to the UK on the 26th March 2017 during my visit to Nigeria.

Second travel :
I also travelled to Nigeria 18th Feb 2018 and returned 29th March 2018.

How do I calculate the 180days absence in line with the new law regarding absence from the UK ?

As I left and re-entered the UK , when do I start counting the absence in the rolling 12 months ?

Please how does this trips affects me with the new rolling 12 months absence rule introduced by the home office?

Can you kindly advice me so I can decide how to fulfil the requirement.

Kind regards
Amusiogo

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CR001
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Re: How can I calculate my 180 days absence for indefinit leave to remain

Post by CR001 » Thu Mar 29, 2018 1:01 pm

It is any 180 days in any 12 month rolling period. There is no 'jan to dec' or 'march to feb' calculation anymore.
Char (CR001 not Casa)
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Coache
Newbie
Posts: 39
Joined: Thu Mar 29, 2018 11:53 am
United Kingdom

Re: How can I calculate my 180 days absence for indefinit leave to remain

Post by Coache » Thu Mar 29, 2018 2:19 pm

My question is when does the rolling period starts and end .

I left UK March 6th 2017 and returned March 25th 2017.

Then I travelled for my annual leave Feb 18th 2018 and returned March 9th 2018.


Giving that I have 2 trips in the past periods and I have returned back to the UK and spent 11 months before my next leave.

When Does the rolling month start and ends ?

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CR001
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Re: How can I calculate my 180 days absence for indefinit leave to remain

Post by CR001 » Thu Mar 29, 2018 2:35 pm

My question is when does the rolling period starts and end .
It doesn't. It can be any 12 month period, September to October or June to July etc, i.e. any period of 12 months that you have more than 180 days absence.

HO has amended the 12 month cycle, counting backwards from date of ILR, way of calculating it.
Char (CR001 not Casa)
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Djsuccess
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Nigeria

Re: How can I calculate my 180 days absence for indefinit leave to remain

Post by Djsuccess » Fri Mar 30, 2018 6:26 pm

Coache wrote:
Thu Mar 29, 2018 2:19 pm
My question is when does the rolling period starts and end .

I left UK March 6th 2017 and returned March 25th 2017.

Then I travelled for my annual leave Feb 18th 2018 and returned March 9th 2018.


Giving that I have 2 trips in the past periods and I have returned back to the UK and spent 11 months before my next leave.

When Does the rolling month start and ends ?
The counting starts from the day your first visa leading to the ILR was issued, in this case, Tier 2.
For instance, most people applying for ILR this year got their first Tier 2 visa in 2013. This means you cannot have more than 180 days in any 12 consecutive months. the number of times you left and re-entered isn't the point but the length of time spent outside the UK. With your dates, you are very far from hitting 180 days a year provided you have not made other trips and not planning to spend more than 150 days outside in the next 8 -10 m0nths
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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