On 6 July 2018, transitional provisions came into force, once again changing the way in which the Home Office calculates continuous residence in the UK for indefinite leave to remain (ILR) applications.
The original assessment by the Home Office required that an ILR applicant must not be absent from the UK for more than 180 days in any of the five blocks of 12-month periods immediately preceding the application date.
A small change to the wording of the rule on 11 January 2018 meant that applicants would instead be permitted absences of no more than 180 days during any 12-month period over the five years, i.e. a rolling calculation of absences.
However, from 6 July 2018 onwards, the new rolling calculation will now only apply to those migrants granted visas on or after 11 January 2018. All those granted visas/leave to remain before 11 January 2018 will have their absences calculated under the old, five blocks of 12 months calculation. So, if a migrant has a five-year visa granted on 10 January 2018, all their absences will be calculated under the old system when they apply for ILR in January 2023.
Ben Maitland, managing associate at Lewis Silkin