Can ILR Continuous Period Residency Period Start In Absence

[rubyracer2]

Dear Gurus,

My wife's continuous residency was broken in December 2019 when she went back to India for pregnancy. She finally returned (with my child) in October 2020 after Covid.

So her continuous residency period according to my calculations will be March 2020 to March 2025. In this period, there is no 365 day period where absence is more than 180 days. However this period starts during an absence (late March to early October 2020). Is there any guidance which states that the applicant must be in the UK during the start of the continuous residency requirement?

Her visa is only valid till May 2025, so I can delay the application by a bit but the continuous residency will be started during a time when she was not in the country. Will this create an issue? Thanks in advance

[zimba]

There is no such requirement.

[rubyracer2]

There is no such requirement.

Thanks Zimba appreciate your reply. So I can apply in March 2025 for her ILR.

Also is the end date of the qualifying period, the application date, or the biometric date, or the day the case officer assesses the case. I am not planning to go for a priority application so it might be a couple of months before the case is considered.

[CR001]

Application date.

[smartbuddy82]

Application date.

End date of the Qualifying period will be the decision date, isn't it?

As per the caseworker guidance:

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant: the date of application. the date of decision. any date up to 28 days after the date of application

[zimba]

The date of decision cannot be determined in advance, so it is perfectly reasonable to rely on the date of application. If someone applies for an in-time application, the caseworkers can use the date of the decision to calculate the 5 years, if this is beneficial to the application

[AmazonianX]

Application date.

End date of the Qualifying period will be the decision date, isn't it?

As per the caseworker guidance:

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant: the date of application. the date of decision. any date up to 28 days after the date of application

You quoted caseworker guidance. As an applicant you do not know decision date beforehand, therefore you use application date while the guidance is telling CW to use most beneficial date amongst the stated when deciding.

[smartbuddy82]

Application date.

End date of the Qualifying period will be the decision date, isn't it?

As per the caseworker guidance:

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant: the date of application. the date of decision. any date up to 28 days after the date of application

You quoted caseworker guidance. As an applicant you do not know decision date beforehand, therefore you use application date while the guidance is telling CW to use most beneficial date amongst the stated when deciding.

Yes understood with explanation from Zimba and yourself.

Decision date is undermined, so Biometric date maybe the last date applicant can use for calculations, as that would be latest determined date (as Biometric can be done upto 45 days after submission, if I am not wrong).

[AmazonianX]

Application date.

End date of the Qualifying period will be the decision date, isn't it?

As per the caseworker guidance:

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant: the date of application. the date of decision. any date up to 28 days after the date of application

You quoted caseworker guidance. As an applicant you do not know decision date beforehand, therefore you use application date while the guidance is telling CW to use most beneficial date amongst the stated when deciding.

Yes understood with explanation from Zimba and yourself.

Decision date is undermined, so Biometric date maybe the last date applicant can use for calculations, as that would be latest determined date (as Biometric can be done upto 45 days after submission, if I am not wrong correct).

Application date which is when you submitted the application and or made online payment is what is relevant.

[rubyracer2]

Thanks all!