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Number of days residence requirement for ILR

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global gypsy
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Number of days residence requirement for ILR

Post by global gypsy » Fri Mar 14, 2008 9:23 pm

This may have been discussed before, so my apologies upfront...

I am at the stage in my immigration journey where in another year I am eligible to apply for ILR. At work, the project I am working on may require me to travel outside of the UK quite a bit this year. I just wanted to make sure I don't exceed the residence requirements when it comes time to apply for ILR.

Can someone please provide this info or point me to the relevant HO webpage.

Many thanks.
Life is what happens when you are busy making other plans

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Number of days residence requirement for ILR

Post by vinny » Fri Mar 14, 2008 9:31 pm

For settlement requirements related to employment categories, see also ILR Processing: A CaseWorker's Guide/Manual.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

global gypsy
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Posts: 537
Joined: Fri May 04, 2007 7:00 pm
Location: London
United Kingdom

Post by global gypsy » Sat Mar 15, 2008 11:49 pm

Thanks, Vinny.
I do have a couple of questions based on my reading of the documents cited. The relevant section states the following:
3. CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.

3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
What exactly does this mean? If you are outside the UK on work-related or annual leave reasons, would those days be excluded from the calculation? Or are they included in the 'maximum 6 month' criterion?
And, do they go thru our passport to verify if what we have stated on the application form is consistent with the entry/exit stamps in the passport?
Life is what happens when you are busy making other plans

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Mar 15, 2008 11:59 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

global gypsy
Senior Member
Posts: 537
Joined: Fri May 04, 2007 7:00 pm
Location: London
United Kingdom

Post by global gypsy » Sun Mar 16, 2008 5:12 pm

Based on what I read at the related threads, it seems the decision is a bit subjective.
Would it require one to show letters from employer to prove that international travel was work-related?

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