UK ILR Requirements & eligibility New changes

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[akdesai]

The UK’s 180-day rule for Indefinite Leave to Remain (ILR) applications is critical for those planning to apply for ILR. This rule primarily applies to qualifying residence periods, which differ depending on the visa type, typically ranging from 5 years for most visas to 10 years for the Long Residence route.

Here's a breakdown of the 180-day rule with examples to understand how it’s applied:

Key Points of the 180-Day Rule

1. Maximum of 180 Days in a 12-Month Period: You cannot spend more than 180 days outside the UK in any consecutive 12-month period during your qualifying period.


2. Rolling Basis Calculation: The 180 days are calculated on a rolling basis, not by calendar years. This means every 12-month period is reviewed to check for absences exceeding 180 days.


3. Exemptions: Some exemptions exist for work or humanitarian reasons, but these are considered on a case-by-case basis.



How It’s Calculated (Examples)

To illustrate, let's assume someone has a 5-year qualifying period for ILR from January 1, 2020, to January 1, 2025.

Example 1: Valid Absence Within 180 Days

2020: 60 days abroad (February 1 to April 1)

2021: 80 days abroad (June 1 to August 20)

2022: 90 days abroad (March 1 to May 30)

2023: 40 days abroad (July 1 to August 10)

2024: 50 days abroad (October 1 to November 20)


In this scenario, the applicant stays within the 180-day limit for each 12-month period within the 5-year period, so these absences should be acceptable for ILR.

Example 2: Exceeding 180 Days in One Year (Resetting)

2020: 30 days abroad (January 15 to February 14)

2021: 150 days abroad (January 1 to May 31) – Total absence in 12-month period ending May 31, 2021 = 180 days.

2022: 200 days abroad (March 1 to September 16) – Exceeds 180-day limit in the 12-month period from March 2022 to March 2023.


In this case, because the applicant exceeded 180 days in a 12-month period (March 2022 - March 2023), they would not qualify for ILR unless they can provide valid reasons for the extended absence (e.g., work requirements abroad).

Example 3: Frequent Short Absences (Cumulative Calculation)

2020: 50 days abroad (Various trips throughout the year)

2021: 60 days abroad (Various trips)

2022: 70 days abroad (Various trips)

2023: 40 days abroad (Various trips)

2024: 30 days abroad (Various trips)


Despite being abroad multiple times, this applicant remains under the 180-day threshold each year, as the rolling calculation counts absences within each 12-month period separately.

Important Considerations

1. Rolling Basis Check: For every 12-month period within the qualifying period, ensure that absences do not cumulatively exceed 180 days.


2. Evidence for Exemptions: If you exceed the 180-day rule, you may still qualify if you can provide compelling reasons and evidence.


3. Work Abroad: If absences are for work assignments, you’ll generally need to show that the employer required the assignment.



These examples aim to clarify how to track absences and ensure compliance with the 180-day rule for a successful ILR application.

[snornoor]

❤ thanks u r great as u answer back God bless u.thanks for help human beings

[KajalSharma-wtow]

And I also have a 3 year old child. I have left him in India. When can I bring him back, when will it be beneficial to bring him here please suggest me!!! 😢

[sourabhGR]

Hello dii, salary threshold ko lekr doubt hai, new rule ke according 38, 700 pounds hai, par ek recent graduate rule bhi hai us mein 30, 960 chahiye, please is pe video bna do ki kaun eliglible hai ?

[snornoor]

company what want if thy not cancel visa may b possible thy think if long time he not continue thn home office selfly take action

[SKE_GAMING]

When year cycle for ILR begins- from visa valid from, entery date or after 90 days from visa valid date??

[manjulama]

Hi I am on skilled work visa and my husband is on my dependent visa since 2022. But before that from 2019 my husband was on student visa and I was on his dependent till I got sponsorship on 2022 and our visa was swap, like I became main applicant and my husband became my dependent and till date. My question is that will my husband or I can apply for ILR ? Coz his time in UK has already crossed 5years and mine is also almost 5year ? Please reply.

[neenakhosla]

Hello di kya brc walo ko evisa mai convert karna hoga if yes kassey

[SherozKhan-nqrn]

Sister Plez make on video uk skilled worker embassy interview video these days many skilled worker visa are refused due to failed embassy interview

[SalehAhmed-purt]

I am working as a care worker.But i am not getting full time so i am not able to meet salary requirement.If i continue 5 year as a care worker, can i apply for ilr and will it be approve?😊

[snornoor]

kindly give me advise still i have way or what we have to do

[winderkaurwinderkaur-jp]

Mam Maine care assistant pr apply kiya hai ohnu ne embassy date pehle chk diti c hun cancel krdi ke 3 months delay ho rhe hai j sach hai delay ho reha aa vo keh rhe 3 4 din wait kro

[janakvegad]

ILR kmeet k liya salary kitna years ki requirements hea ??? 5 years or last 6 month ???

[KajalSharma-wtow]

Hello, I watch all your videos its all very informative. I am currently working in Carer in UK since Jan24 . I have skilled worker visa for 3 years but I have a problem. My company is not paying me my full salary. Like, it is showing in my pay slip My full salary but not actually being paid, so will this affect my ILR in future??? Plz plz reply me

[jaswindersingh-wmti]

Mam care home dependent kab tak allow kre ge any knowledge nd second mai warehouse me kam krta hu minimum sallry pe11. 44kya mai sponser le sakta hu kitni sllry show krni pdege plzz reply

[snornoor]

year starts from change of year or from our entry in uk as i come at 2023 august

[snornoor]

my mother is ill n i give at that time legal medical certificate i come in aug 23 n come back 17 may 2024 my 180 days nwo count from 2024 or from ist augst 2024 or from 17 may 2023 which becomes 17 nov 180 day

[arshsidhuuu]

Clickbait, everything is same . Nothing special changed

[snornoor]

i have to explain home office all my circumstances company not give job this happen with me

[goharijaz]

Kia European national ko ilr k bad annual income show krne hotel ha