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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1050
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I have 'leave to remain' status in the UK and I understand

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Hi,I have 'leave to remain' status in the UK and I understand that in order to qualify for 'indefinite leave to remain" - one of the criteria is that I cannot be absent from the UK for more than 180 days per any rolling 12-month period.When does this 12 month period begin?Thanks.

Welcome to Just Answer, I will be assisting with your question today. Please bear with me if I need to ask you some clarifying questions. Thank you!

Are you married to a British Citizen?

Customer: replied 11 days ago.
No

Allright, in this case, the calculation starts 5 years before the application is submitted to the Home Office.

Customer: replied 11 days ago.
Thanks - In terms of the "12- month period", however, when does that period begin and end?

It starts exactly 5 years before the application is submitted and ends when you submit the application.

Customer: replied 11 days ago.
Sorry, please bear with me my brain doesn't comprehend law interpretation very well. Ill give you the situation, because of COVID I spent a considerable amount of time out of the UK. I would like to travel again but Im unsure if I can due to the 180-day limit. So it is not a question about the 5 year period - I understand that part, it is more about when the 180-day limits reset, if at all? if that makes sense?

Allright let me explain in a simple way: if the Home Office can identify any 12 months period that had more than 180 days absence, the application will be refused.

It means that an application for ILR could be refused if at any point over the five years the 180-day limit is exceeded in any 12-month period. Absences are calculated on a rolling basis, instead of in fixed blocks here.

Customer: replied 11 days ago.
Okay, thanks - that makes sense. Much appreciated.

You are most welcome! Thank you

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