Change in how the ‘continuous residence’ 180 days limit on absences from the UK is calculated
The Home Office announces changes in ILR requirements for Tier 2 visa holders and dependants of Tier 1 Exceptional Talent visa holders
The Home Office have now stated that the new way in which the 180 days limit on absences from the UK are counted (announced in our January 2018 Bulletin) will only apply to time spent under visas issued after 11 January 2018. As a result when applying for ILR:
- For time spent under visas issued before 11 January 2018 — the 180 day limit on absences will be counted in separate consecutive 12 month periods, and
- For time spent under visas issued after 11 January 2018 — the 180 day limit on absences will be counted on a rolling basis.
If an applicant believes that they are close to the 180 limit on absences at any point through their five year qualifying period for ILR please advise them to talk to SIT.
Tier 1 Exceptional Talent — ILR after 3years but not for Dependants
The Home Office have unfortunately clarified that while Tier 1 Exceptional Talent visa holders are now eligible to apply for ILR after 3 (instead of 5) years continuous residence in the UK (as announced in our January 2018 Bulletin), their Dependants do not benefit from this new rule and can only apply for ILR after 5 years. Any queries relating to this should be sent to firstname.lastname@example.org
Online ILR applications
Online versions of the application forms for standard 5 year, and 10 year ‘Long residence’, ILR application routes are now available.
While SIT are not in a position to check ILR applications, SIT provides advice and assistance with any queries in relation to the ILR requirements, application process, and application forms. Any queries about ILR (including from those under other UK visa routes) should be sent to SIT.