To apply for Indefinite Leave to Remain in the UK, one has to complete five years of continuous residency (with some exceptions) in the relevant immigration category in the UK, for example, the Ancestral Visa.
Under previous UK Home Office guidance, the period between entry clearance issue and entering the UK could only be counted toward the qualifying period if the applicant entered the UK within 90 days of the entry clearance issue date.
In new UK Home Office guidance published on 25 April 2016, it changes the position so that the period between entry clearance issue and entering the UK can now be counted toward the qualifying period, regardless of when entry took place(so even if the applicant entered after 3 or 4 months for example). The days entered late will, however, form part of the applicants’ allowable 180 days absence in the relevant 12 month period, so it still gets taken into consideration, just in a more flexible manner.
In a nutshell, the changes are as follows
• The time between the entry clearance being granted and the actual entry into the UK can be included as part of the continuous period in the UK.
• The absences between the date entry clearance is granted and the date you enter the UK are treated as an absence from the UK. This absence will form part of the 180 days allowed within the relevant 12-month period.
The UK Home Office, however, warns about the implications in the way absences are calculated by providing the following example; If you entered the United Kingdom 100 days after you obtained entry clearance and had a further 81 days absence during the remainder of that 12-month period, a person would have exceeded the number of absences permitted from the United Kingdom.
The UK Home Office guidance clarifies that an applicant does not need to provide evidence to demonstrate the reason for delayed entry.
For more information, please contact your BIC consultant.
www.bic-immigration.com or [email protected]
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