Tier 1 going for 10 Years long residency

[imme-123]

I need some help in understanding some confusing concept of 180 rule for ILR

I have been on tier 1 visa since April 2014. I applied for extension in April 2017 which was granted in October 2018. I will be completing my 10 years before (2 years tier 1 extension) is expired.

My question to seniors is: How long i can be away from the UK,

Have i broke any rule for ILR (keeping in mind 180 days rule)


I was absent from the UK (since i received my tier 1 in April 2014) as follows

29 April 2014 to 25 May 2014 (26 days)
9 January 2015 to 20 January 2015 (11 days)
15 Nov 2015 to 20 Nov 2015 (6 days)
21 October 2018 to 10 December 2018 (50 days)
11 January 2019 to 11 march 2019 ( 60 days)
17 MAY to 15 July (59 days)

total: 212 days since i received my tier 1 initial visa

169 days (in 3 visits) since i received my extension

i will be eligible to apply ILR (10 years long route) in September 2020


HO new guidance is confusing :

"Up until 11 January 2018, migrants applying for ILR after five years continuous residence in the UK needed to provide evidence they had less than 180 days’ absence in any consecutive 12 month period preceding the date of their application.

Under the new rules, a new formula to calculate absences has taken effect. Migrants must now not be absent from the UK for more than 180 days during any rolling 12 month spell within the qualifying period."


I will be grateful if i could this clarify.

[zimba]

The guidance you are reading is NOT relevant to the long residence That is only for the PBS route ILR
Under long residence route, there are two conditions to be met:

No more than 540 day of absence in TOTAL in the last 10 years
No continuous period of absence from the UK which is more than 180 days

https://www.gov.uk/government/publicati ... -residence

[CR001]

What is your immigration history prior to Tier 1??

If you apply for ILR based on Long Residence, it is ANY SINGLE absence of 180 days or more that breaks continuity of residence.

HO new guidance is confusing :

"Up until 11 January 2018, migrants applying for ILR after five years continuous residence in the UK needed to provide evidence they had less than 180 days’ absence in any consecutive 12 month period preceding the date of their application.

Under the new rules, a new formula to calculate absences has taken effect. Migrants must now not be absent from the UK for more than 180 days during any rolling 12 month spell within the qualifying period."

The above does NOT apply to Long Residence ILR. You are reading the wrong guidance notes if you are applying via 10 years long residence.

[imme-123]

i was on student visa then psw and then tier 1. i came to the UK in September 2010.

i dont want to apply ilr based on tier 1 (5 years route)

i want to apply ILR based on 10 years (in 2020)

how home office calculates 180 days absense, i am still confused.

[CR001]

how home office calculates 180 days absense, i am still confused.

It is ONE continuous absence of 180 days in ONE go. It is NOT lots of short trips spread out over a period.

Read the link that zimba has provided for long residence.

[imme-123]

Thank you SENIORS for your replies, this clarify my confusion.

just a last question, if i apply for ILR (under 5 years on tier 1 route)

then what is 180 days absence rule

my timeline:

tier 1 initial grant: April 2014 to April 2017
made extension application in April 2017
got extension in October 2018 (which expires in September 2020)

which period, i will consider to calculate 180 days absence

[zimba]

It is max 180 days per residence year. Residence year starts from date of your ILR application counting backwards in 12 month steps.
You also cannot have more than 6 months of continuous absence anywhere in your 5 years

[imme-123]

what i understood from above 12 steps mentioned -

let say: my ilr application is to be made on 15 September 2020

i will calculate 180 days as follow:

step 1: 15 september 2020 going backwards to 15 October 2019 (total absesnse should be less than 180 days)
step 2: 15 october 2019 going backwards to 15 novermber 2018 (total absesnse should be less than 180 days)
step 2: 15 november 2018 going backwards to 15 decemebr 2017 (total absesnse should be less than 180 days)

and so on....

[zimba]

Correct

[imme-123]

Zimba , I have shared this below from 10 year long residency guidline:

"If the applicant has been absent from the UK for more than 6 months in one period
or more than 18 months in total, the application should normally be refused."

where it says in one period: what does that mean, how they calculate this period.

[CR001]

Zimba , I have shared this below from 10 year long residency guidline:

"If the applicant has been absent from the UK for more than 6 months in one period
or more than 18 months in total, the application should normally be refused."

where it says in one period: what does that mean, how they calculate this period.

One single continuous absence of 180 days or more breaks continuity of residence for 10 years long residence ILR. Not sure why you are quoting LR guidance if you are asking about ILR based on 5 years residence.

[imme-123]

thank you CR001 for answering

I understand: One single continuous absence of 180 days or more breaks continuity of residence for 10 years long residence ILR

But what if i have 4 absences in 12 months (each absence of 60 days) but i make entry and exit after 60 days so its not a continuous absence of 180 day. but collectively i have spent 8 months (240 days) outside the UK.

HO wording is: more than 6 months in one period - My questions is

By "Period" what they mean

[zimba]

One period means one continuous period. Do not confuse yourself. This conditions applies in both SET(LR) as well as the SET(O) via the Tier 1 route. However the condition that you must not have in TOTAL more than 180 days absences per residence year ONLY applies to SET(O) route via Tier 1 and NOT the long residence SET(LR)

[imme-123]

Thank you Zimba

In my case, i was away from the UK as follow

21 October 2018 to 10 December 2018 (50 days)
11 January 2019 to 11 march 2019 ( 60 days)
17 MAY to 15 July (59 days)

169 days in total

Now I want to go back again to Pakistan due to my father's poor health condition. I intend to stay there at least 2 months. I am applying ILR in September 2020. my absence will be 229 days till September 2020.

Will it be OK for applying ILR (i have not broken rule of 180 days absence in one go) ans less than 540 days in total.

Please reply

[zimba]

What is the ILR route you are going for ?? You are confusing yourself and everyone here
The 180 days rule is completely different under the long residence from the Tier 1 route. I already explained the difference above.

[imme-123]

Sorry for not explaining well.

I will be going for 10 year long residency route.

student >> psw>>tier 1 (total 10 years)

[zimba]

Will it be OK for applying ILR (i have not broken rule of 180 days absence in one go) ans less than 540 days in total.
Please reply

Yes, you will be ok

[imme-123]

Thank you Zimba

[imme-123]

I need some help regarding 10 years long residency.

I have been on tier 1 visa since April 2014. I applied for extension in April 2017 which was granted in October 2018. I will be completing my 10 years in September 2020. while my Tier 1 extension is till October 2020.

Note: I did not apply ILR based on tier 1 (5 years route).

My question is: Do i need to show 12 months employment (Which is necessary after tier extension if you are applying ILR based on tier 1) as i am not applying ILR based on tier 1 (I am going for 10 years route)

DO I still need to show 12 months employment for 2 employees if i am going to apply ILR (10 years route)

[zimba]

No