Immigrationboards.com

Hello all,

I've been going through all the threads on this topic, but still can't figure it out.

I will be eligible for ILR in 2014, after 5 yrs on Tier 1. I will have about 90-100 days out of the uk in each of these 5 years, so total (all vacation or work) about 450-500 days in 5 years. Then do I need to provide any documentation to explain these absences? Or does this requirement only hold for absence >180 days in each year?

Thanks, GB

I myself have this doubt and worried till yesterday. But after looking at forum, and the rules, for Tier 1 (General) it is okay if you have less than 180 days in each of the qualifying periods (counting backwards from your date of ILR application).

Based on this, in my opinion your application is fine, assuming you do not have any single absence over 90 days at a stretch.

I have got this confirmed by a solicitor today and he has informed that for Tier 1 G it is max 180 days for each qualifying year (NOT 180 days for 5 years).

However, I am not expert on this and giving this information on my best belief. I am due to apply in few months (have 230 days spread over 5 years, but never over 180 in a year and never a single continuous absence of 90 days).

Requesting other members to comment and also requesting people who have succesful ILR to post their details about days of absence and category details to benefit all.

Thanks

goingbrit wrote:I will be eligible for ILR in 2014, after 5 yrs on Tier 1. I will have about 90-100 days out of the uk in each of these 5 years, so total (all vacation or work) about 450-500 days in 5 years. Then do I need to provide any documentation to explain these absences? Or does this requirement only hold for absence >180 days in each year?

You have some time yet to go until 2014, so the rules may change. But according to the current rules, you are allowed 180 days of absences during each of the consecutive 12 month periods (counting back from your ILR application date). Whether or not an employer letter is required to confirm your absences (irrespective of whether you have > or < 180 days of annual absences) depends on the immigration category you are applying under & one is not required for T1General Migrants.

Note, if your absences go over the 180 day annual threshold due to either business reasons or annual leave, then the chances of being granted ILR are almost non-existent based on the current case worker guidance, as you would have broken your continuous residence. A employer letter here may be considered by a senior case worker for discretion, but I personally wouldn't count on it; this is based on the CW guidance as it stands today.

I would recommend that everyone read the latest immigration rules and case worker guidance to familiarise themselves with the requirements & rules that apply to their immigration category. The ILR FAQ sticky thread has been updated to reflect these as well - So please read through them first. http://www.immigrationboards.com/viewtopic.php?t=79378

Thanks both!

cs95, your clarification is very helpful! I have actually read the guidance etc., was still confused.
It's quite crazy that the rule can change any time, given that we can't go back and change our behaviour!