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Calculating continuous period in UK - 10 yr route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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acr09ak
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Calculating continuous period in UK - 10 yr route

Post by acr09ak » Mon Mar 07, 2022 6:24 pm

Hello, I like to confirm how is the rolling period for calculating absences from the UK is determined. My ILR (10-year route) is due on 10th Oct 2022. and I am currently on Tier 2 general visa (granted on Oct 2019).

My past travel dates are:
22 February 2021 - 12 August 2021 = 171 days

My upcoming travel date is
25th April 2022 - 9th May 2022 = 15 days

My understanding is, after my upcoming leave from the UK starting from April 25th, 2022, the absence from the UK will be calculated from 25th April 2021. This equates to 110 days (April 25th 2021 - August 12th, 2021) + 15 days (25th April 2022 - 9th May 2022) which is 125 days. If this is correct, this means I can still stay out of the UK for 55 days (180-125).

Can anyone confirm if the above calculation is correct and I’m still well below the allowed 180 days absence from the UK? Thank you

ywlgy
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Re: Calculating continuous period in UK - 10 yr route

Post by ywlgy » Mon Mar 07, 2022 6:32 pm

The absence rule for 10y long residence ILR is different. You only need to make sure each absence is no more than 180 days and total absence in the qualifying 10y does not exceed 540 days
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

acr09ak
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Re: Calculating continuous period in UK - 10 yr route

Post by acr09ak » Mon Mar 07, 2022 11:34 pm

Thank you for the swift response.

I think you mean each absence cannot be more than 180 days per year. If yes, my question is how the absence period from the UK is calculated based on the rolling period? I provided some calculation requesting the confirmation if my understanding is correct.

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CR001
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Re: Calculating continuous period in UK - 10 yr route

Post by CR001 » Mon Mar 07, 2022 11:40 pm

acr09ak wrote:
Mon Mar 07, 2022 11:34 pm
Thank you for the swift response.

I think you mean each absence cannot be more than 180 days per year. If yes, my question is how the absence period from the UK is calculated based on the rolling period? I provided some calculation requesting the confirmation if my understanding is correct.
No, that is only for ilr based on 5 years residence.

For ilr based in 10 years long residence the rules are different as already advised above and is NOT 180 days per year or rolling basis. It is no single absence of 180 days and no more than 540 days in the whole 10 year period.
Char (CR001 not Casa)
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acr09ak
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Re: Calculating continuous period in UK - 10 yr route

Post by acr09ak » Tue Mar 08, 2022 4:53 pm

Thank you both for correcting me and resolving my query.

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