ILR Qualifying Period - 180 days absence

[smartbuddy82]

Visa Granted date : 22.05.2019

So according to my calculation, 5 years will be 22.05.2024, earliest can apply is 22.05.2024 - 28 days = 24.04.2024.

However, I have absence of over 180 days in 2019-2020 i.e 195 days,

So is my understanding correct that if I apply after around 15-20 days (so as to come under the less than 180 days absence), i.e 24.04.2024 + 20 days = 14.05.2024 would be right date to apply?

Appreciate the kind advice.

Thank You.

[CR001]

No, it doesn't work like that.

You cannot have more than 180 days absence in ANY 365 day rolling period.

[smartbuddy82]

You mean it's counted backwards from date of decision upto the date of first visa approval?

My maximum absence was at the start after getting the Visa in 2019, after that no absence for 4 years.

So if it's counted backwards from 14.06.2024, I would not have more than 180 days absence in any rolling 12 months period upto 14.06.2019.

[CR001]

You came to the uk for one week in June 2019. What date did you return to the uk in 2020?

[smartbuddy82]

You came to the uk for one week in June 2019. What date did you return to the uk in 2020?

Thanks for your time and replies.

Visa Granted date : 22.05.2019
First entry : 20.06.2019, left : 23.06.2019.
Returned: 04.07.2019, left 19.07.2019
Returned: 10.10.2019, left 12.10.2019
Returned : 26.12.2019, no exit after.

Was on T1E Visa from 2019 to 2022 then on SWV from 2022 to current.

[smartbuddy82]

You came to the uk for one week in June 2019. What date did you return to the uk in 2020?

Thanks for your time and replies.

Visa Granted date : 22.05.2019
First entry : 20.06.2019, left : 23.06.2019.
Returned: 04.07.2019, left 19.07.2019
Returned: 10.10.2019, left 12.10.2019
Returned : 26.12.2019, no exit after.

Was on T1E Visa from 2019 to 2022 then on SWV from 2022 to current.

@CR001 @zimba @AmazonianX : Any advice / recommendation for earliest ILR application date please.
Thanks.

[smartbuddy82]

Visa Granted date : 22.05.2019

Actual Entry Date (20.06.2019) - Visa Granted date (22.05.2019) - 28 days
First entry : 20.06.2019,
left : 23.06.2019, Returned: 04.07.2019 - 10 days
left 19.07.2019, Returned: 10.10.2019 - 82 days
left 12.10.2019, Returned : 26.12.2019 - 74 days

No exit after.

Was on T1E Visa from 2019 to 2022 then on SWV from 2022 to current.

For Qualifying period do they compulsorily add absence from entry clearance date to first entry date? If yes, I am in trouble as it will be 194 days, if not then it will be 166 days absence, under 180 days.

So what date can I apply for ILR? Anyone can guide please, really tensed

[smartbuddy82]

Only Trying to simplify my query so can get some valuable advice, not trying to bump my post.


Tried to search and find similar query like mine on the forums but didn't find any, not sure if I am breaking any Forum rules or if my post is too confusing for not being responded to by any Gurus and Mods.


If I apply on 20.06.2024 - 28 days, will my Qualifying Period be backwards from 20.06.2024 to 20.06.2019 (first entry) or upto 22.05.2019 (Visa approval date).

Because if it's backwards upto 20.06.2019, I will have max absence of 166 days in any 12 month rolling period but if it's backwards upto 22.05.2019 then max absence will be 195 days thus breaking the 180 days absence rule, if that's the case then when can I apply for ILR.

Thank you all for the support.

[smartbuddy82]

Any Mods, Admins or Gurus can please guide.

Can I apply for ILR on 20.06.2024 minus 28 days or I am not eligible now. I want to do my own application as difficult to afford a solicitor.

Thank You everyone.

[zimba]

It counts from the date of decision and backwards. If in any 365 day period, you had more than 180 days of absence, you cannot get ILR

[smartbuddy82]

It counts from the date of decision and backwards. If in any 365 day period, you had more than 180 days of absence, you cannot get ILR

Thanks Zimba for your reply.
So, If I apply on 20.06.2024 - 28 days, will my Qualifying Period be backwards from 20.06.2024 to 20.06.2019 (first entry) or upto 22.05.2019 (Visa approval date).

Because if it's backwards upto 20.06.2019, I will have max absence of 166 days in any 12 month rolling period but if it's backwards upto 22.05.2019 then max absence will be 195 days thus breaking the 180 days absence rule, if that's the case then when can I apply for ILR.

Thanks.

[zimba]

Your first visa approval date is irrelevant. As I said, it is from the date the caseworker looks at your application to decide your ILR application and so counts 5 years backwards. If applying for super priority, I suggest using the date of your biometrics and counting backwards 5 years.

[smartbuddy82]

Your first visa approval date is irrelevant. As I said, it is from the date the caseworker looks at your application to decide your ILR application and so counts 5 years backwards. If applying for super priority, I suggest using the date of your biometrics and counting backwards 5 years.

Thanks Zimba for your clarification. It's a relief.