Relaxation of Rules on Absences Calculation
Certain visa categories including Tier 1 entrepreneurs and Tier 2 (General) workers require an Applicant to show “continuous residence” for a 5-year period when applying for indefinite leave to remain in the UK.
“Continuous residence” can be broken by absences of 180 days or more in 12 months. This used to mean that an Applicant should not have been out of the UK for more than 180 days in any of the 5 years preceding the date of their application. A new rule brought in on 11th January 2018 meant that an application could be refused if at any point over the 5 years in question the limit was exceeded in any rolling 12 month period.
The new rule was applied retrospectively and has led to widespread condemnation. It has now, from 6th July 2018, been relaxed, meaning that it won’t apply to absences occurring during leave granted prior to 11th January 2018.
For more information about this or for any question about applying for indefinite leave please contact Jenny Harvey on info@jennyharveyimmigration.co.uk.