Absence calculation for ILR

[sindhu19191]

Hi All

I have a few questions regarding the 180 day rule and hope one of you can help clarify the same.
My situation: During covid last year, my employer closed their office and asked us to work from home and given the uncertainty I travelled to my home country and worked from there, after letting my employer know. I was there for a total of 79 whole days, 30 days Annual Leave, 26 days remote work and rest were weekends or bank holidays. Now my questions are:

1) I have a letter from my employer, giving me permission to work from my home country but they didn't raise a change of circumstance given everybody was working from home. Will this affect me?
2) The way absence is calculated changed from 11 Jan 2018 for visas that were granted after 11 Jan 2018, how will the absence be calculated for my visa which was granted in Dec 2017 for 5 years?

[zimba]

1. NO issue
2. Rolling basis as explained here: indefinite-leave-to-remain/question-abo ... l#p2031857

[geriatrix]

1. NO issue
2. Rolling basis as explained here: indefinite-leave-to-remain/question-abo ... l#p2031857

Query 2: The OP was granted leave under the rules in December 2017 (before 11 Jan 2018). Rolling basis is applicable to leave granted on / after 11 Jan 2018.

If the applicant’s qualifying period includes permission granted before 11 January 2018, any absences during that grant of permission are considered in consecutive 12-month periods ending on the date of application.

Absences from the UK during a period of permission granted on or after 11 January 2018 are considered on a rolling basis over any 12-month period.

[zimba]

@geriatrix You are indeed correct. Thanks for the correction

[sindhu19191]

Thank you both for your replies.. Really helpful!