I have been in the UK since September 2014 and was hoping to apply for my ILR in August of this year after completing my 10 years period. I arrived on a Tier 4 (Student) visa and have since held a combination of Student and Skilled Worker visas.
I was very certain of a successful application under the old rules which stated an overall absence of less than 548 days and no single absence of more than 184 days throughout the 10 year period.
However, the new rules that came into force on 11 April 2024 now state that:
• from 11 April 2024 the applicant must not have been outside the UK for more
than 180 days in any 12-month period
This has thrown me a bit off-guard as there was a period from 24 June 2015 until 24 June 2016 when I was on a study-abroad programme through my UK university and spent a total of 188 days outside the UK in this 12-month period (although not in a single block of absence i.e. I made multiple short trips to the UK throughout).
I am now worried if this absence will delay my ILR application now by another year and whether I will need to wait another year before I can remove those extra 8 days of allowed absences.
I am also unsure whether I am interpreting the new rules correctly: Does the new rule apply to absences of more than 180 das in any 12-month period AFTER 11 April 2024 or does this apply in hindsight covering the whole 10 year qualification period from the date of my application? If it is the former then I will surely breathe a sigh of relief and fingers crossed one of you amazing folks with knowledge of this will be able to confirm that it is! Will be forever grateful
