ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR 5 years continuous residence - clarifications on absence

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Looky
Newly Registered
Posts: 1
Joined: Tue Feb 24, 2015 1:20 pm

ILR 5 years continuous residence - clarifications on absence

Post by Looky » Tue Feb 24, 2015 3:54 pm

Hello All,

Kindly help me to clarify the below section of the guidance regarding 180 days period of absence.

Is the 180 days absence applicable to absences due to business trips related to employment in UK or not?

In my first year of entry, I set up a limited liability company and the company took up a contract job outside the UK for which I had to travel and my total days of absence exceeded 180 days although none of my singe time outside the UK exceeded 90 days at a time. I have since been in permanent employment in the UK and have not had long period of absences, so by the time I am due for ILR in Apr 2016, it is only in the first year that I have exceeded 180 days rule due to business trips.

Now I am worried if I have broken this rule and may not be eligible for ILR when my current tier 1 visa expires Apr 2016. Can someone please help me clarify this.

Extract from the UKBA guidance (from page 19)

No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).

Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories

And the following sub categories of the points-based system
 Tier 1 (General)
 Tier 2 (Intra-company transfer)
 Tier 2 (General)
 Tier 2 (Minister of religion)
 Tier 2 (Sportsperson)
 Tier 5 International Agreement (private servants in diplomatic households granted under rules in place before 6 April 2012 only).


Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.


https://www.gov.uk/government/uploads/s ... eriods.pdf

mrlucifer
Newly Registered
Posts: 11
Joined: Thu Jan 15, 2015 7:47 pm

Re: ILR 5 years continuous residence - clarifications on abs

Post by mrlucifer » Tue Mar 03, 2015 11:56 pm

I asked this very question just a couple of days ago, but no replies yet.
The form makes it sound as if the absences MUST be either business related (including annual leaves) or on compassionate grounds but not not for any other reason!
I had taken a long sabbatical quite just under 180 days in one of the years, and did nothing even remotely business related. So I'm wondering if I'm eligible for ILR or not.

Really appreciate some advice!

Locked
cron