Continuous Residence Requirement for ILR

[calenorn]

Hi everyone,

I need help to clarify the paragraphs below with regards to applying for Indefinite Leave to Remain.

1st paragraph
You’ve been living and working in the UK for 5 years or more on this visa and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)

2nd paragraph
180 whole days absence
No more than 180 days absence are allowed in any of the 5, 4, 3 or 2 consecutive 12 month
periods, depending on the category, preceding the date of the application for indefinite leave
to remain (ILR).


Does it mean 180 days for the whole of 5 years? Or do I get 180 days allowance every 12 months to travel out of UK?

I am currently holding a Tier 1 Exceptional Talent Visa. Am I right to interpret that, I can leave UK for more than 180 days in total within 5 years, as long as I do not spend more than 180 days out of UK in any 1 consecutive 12 months period during my 5 years?

For example, if I left UK for 179 days in January to June 2016, and then I leave for another 179 days from July to December 2017, and then another 179 days in 2020, that would bring my number of absences up to 537 in total for 5 years. I would still be eligible to apply for ILR right? Since I did not breach the more than 180 days in 12 months clause?

Any help would be very much appreciated! Thank you very much in advance!

[CR001]

do I get 180 days allowance every 12 months to travel out of UK?

This one.

[calenorn]

Hi CR001,

Ah, so I do get 180 days after every 12 months then! Thank you so, so much for your lightning quick reply! Very much appreciated!

[CR001]

Just bear in mind that you have to provide evidence and reasons for absence when you get to the ILR stage, i.e. letter from employer for example and if you go one day over 180, you have a problem.

[calenorn]

I need to list down my reasons for being away, but thankfully, I am exempted from having to provide evidence for absences with my category of Visa. That would save me some paperwork, for sure. Haha!

Yes, I will bear in mind to be careful to not go over the limit. Thank you very much, really appreciate it!

[kautya]

just fyi but the year range has to be backwards from the date you apply (or from when your visa expires. i.e if you are applying in march 2017 then you have to consider march 2017 - feb end 2016, march 2016 to feb end 2015 and so on.