Ilr 180 Days Rule: Calculating Days Of Absence From The UK

Ilr 180 Days Rule

Are you trying to calculate your stay outside the UK for your Indefinite Leave to remain application? Did you also come here to understand the ILR 180 days rule? Your search ends here, then.

The 180-day rule determines your eligibility criteria for indefinite leave to remain application. According to this rule, you cannot stay outside the UK for more than 180 days in any 12-month duration in your continuous residence. We will share everything you need to know about this rule in detail below. We will also share the rare cases in which you can exceed the stay limit of this rule. Stay with us till the end to learn all of this and more!

Calculating Days Of Absence From The UK

Accurately calculating days of absence from the UK is essential for a successful application. Here are the steps to evaluate it according to the ILR 180 days rule;

Identify The Continuous Residence Period

The first step is to check the continuous residence period. It is usually five years for most Visas; however, it may vary depending on your Visa type. For example, a Tier 1 or Investment Visa can be 2 or 3 years. You also have to count it on a single Visa type if you are applying for indefinite leave to remain. However, you can combine the duration of the following Visas;

  • Innovator Founder
  • Scale-up Worker
  • Skilled Worker (Tier 2 General)
  • Global Talent
  • Any Tier 1 visa (except Tier 1 Graduate Entrepreneur)
  • International Sportsperson 
  • Overseas Business Representative
  • Tier 2 Minister of Religion

Track Entry And Exit Dates

The next step is to track all the entries and exit dates from the continuous residence period you are applying for. You can check these on your passport stamps, plane tickets, and other travelling documents. 

Ensure Compliance With Ilr Rules

The last step is to check if your leaves are within the ILR rules. You should be at most 180 days in any 12 months in these years. Remember, this year can be calculated from any point, like July 2023 to July 2024 or March 2023 to March 2024. It is not a fixed period like 2020, 21, 22, or 23. It is a 180-day period, which applies to any 12-month duration. 

If you have not violated any terms of this rule, you can proceed with your application.  

Allowable Absences Under Ilr 180 Days Rule

You can apply for ILR in some exceptional cases even if your duration exceeds the Ilr 180 Days Rule. There are two situations which are permissible from the home office. These include the return to the UK within 24 hours and the duration from getting your entry clearance to arrival in the UK. 

Alongside these, there are some other rare situations in which you may be allowed after providing the evidence of your claims. Let’s check them out. 

Absences For A Serious Or Compelling Reason

The first section covers the serious reasons or situations which made you cross the left limit in the UK. You can apply for indefinite leave to remain even if you have crossed the 180-day limit; however, you must provide evidence to the home office supporting your claims. Let’s have a look at these; 

Serious Illness and Bereavement

You can stay more than 180 days if you get ill abroad and cannot travel back in time. Moreover, you can also stay if any of your family members is sick and requires your presence. Delay due to attending the funerals of your family members also falls under this section.  

Natural Disasters

Natural disasters are the second condition under which you can file your application despite breaking the ILR 180 days rule. It may include earthquakes, floods, wildfires, landslides, tsunamis and volcanoes. However, you need to provide evidence you were severely affected by them and couldn’t travel.   

Mandatory Quarantine

The third and last reason, which could be stated in front of the home office, is mandatory quarantines. 

Absences Due To Work Or Study In the UK

The following absences that can be compromised for the ILR 180 days rule are caused by your stay in the United Kingdom. Following are some of the common reasons for these leaves.  

Employment-Related Absences

The first one on our list is employment-related absences. For example, if you need to travel due to your job for business trips, training, or overseas projects, then the leaves can be excluded from the 180 days. However, you need to share the letter from the employer or prove it with evidence. 

Research and Academic Activities

Travelling for research purposes or other academic activities can also be excluded from the Ilr 180 Days Rule. However, you must share the details of your conferences, fieldwork, collaborative projects, or whatever else you want. 

Ilr 180 Days Rule Impact On Your Application

Filling out the Ilr 180 Days Rule requirements is necessary for your IRL application. You must meet these requirements to be eligible to settle in the UK. It can also get your application rejected if you have applied as well. 

Moreover, maintain proper records of all your travelling evidence, like flight tickets, hotel bookings, and employer letters. These will prove your claims in exceptional cases and help you to build a strong case. It will surely increase your chances of approval.  

Final Words

The ILR 180 days rule is essential for your indefinite leave to remain application. Violation of this rule can delay or deny your application. So you should handle this process carefully because your future in the UK depends on it. You finally don’t want to miss your chance to settle and eliminate all the restrictions. 

Moreover, familiarize yourself with the latest immigration rules regarding ILR application and prepare for a strong case. I recommend that you get professional advice. It would increase your chances of approval.    

FAQs

How Many Days Can You Spend Outside the UK On Ilr?

You can stay a maximum of 2 years outside the UK after getting your ILR. Staying more than two years might give you indefinite leave to remain in the UK. You can travel outside and return freely on this Visa if it’s less than two years. 

Is There Any Total Day Limit For Days Spent Outside The Uk Except For the Ilr 180 Days Rule?

No, there is no limit to the total number of days spent outside the UK on continuous residence except the ILR 180 days rule. It means you can otherwise spend as many days without crossing the 180-day limit for 12 months.

How Does The Home Office Check Absences From The UK?

The home office checks absences from the UK by checking your passport stamps and their internal records. You can also calculate it by checking out your entry and exit dates for the continuous residence period.     

Is There A Time Limit On Ilr?

No, there is no limit. That’s why it is called indefinite leave to remain. After getting this Visa, you can stay in the UK for as long as you want. Moreover, you can apply for a British Visa after living on the ILR for one year.  

How Can We Help?

If you are also applying for indefinite leave to remain after completing the required stay in the UK and need assistance, feel free to book an appointment. We can help you meet the Ilr 180 Days Rule and other requirements. Here is how we can help;

  • Help you in tracking absences.
  • Strategic advice about supporting documents for additional leaves
  • Provide expert guidance
  • Assistance with your ILR Application 

You can quickly contact us by calling us at +447429294455. You can also reach us via our email (info@freeimmigrationadvice.co.uk) as well. 

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Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

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