SET (M) / ILR Continuous Leave
Posted: Wed Feb 27, 2019 4:36 pm
Hi all
I'm a British Citizen (from birth) and my partner, who is from the USA, has just completed 5 years in the UK under two separate contiguous spousal/partner visas.
We're now applying for her to get Indefinite Leave to Remain and about to submit the SET (M) online application. The basis of the financial requirement in our case is income from my employment.
Have been looking at the Home Office Document "Calculating continuous period in the UK.." (https://assets.publishing.service.gov.u ... .0-EXT.pdf). We understand the 180-day rule but are confused with regards to "Allowable Absences".
At the bottom of Page 9 it states:
Allowable absences
Absences must be for a reason consistent with the original purpose of entry to the
UK, or for a serious or compelling reason in the following categories:
• work permit holder
• representative of an overseas business
• employee of overseas governments (except those exempt from control) or the
United Nations (UN) or other international organisation of which the UK is a
member
• airport-based operational staff of overseas-owned Stupid
• domestic workers in private households
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 (Temporary worker – International Agreement) (private servants in
diplomatic households granted under rules in place before 6 April 2012 only)
The applicant must provide evidence as explained below.
For the categories below, there is no requirement to give a reason for absences if
they do not exceed 180 days in a consecutive 12 month period:
• Tier 1 (Exceptional talent)
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• UK ancestry
• Retired person of independent means
• Highly skilled migrant (applying under the HSMP Forum judicial review)
• Points-Based System dependants
Absences linked to reason for being in the UK – evidential requirements
For all other categories, absences must be consistent with, or 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 should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
Is anyone able to please shed light as to under which of the set of categories listed above is applicable to my partner's application for ILR under SET (M)
I work part-time and frequently combine my part-time days with annual leave so we go away on holiday a lot, say 60-80 days a year abroad. Whilst this is within the 180-day rule, we're wondering if we need to provide explanations as to why this is above the "usual" 25-30 days they have quoted above?
Thanks in advance for any help you can give us!
I'm a British Citizen (from birth) and my partner, who is from the USA, has just completed 5 years in the UK under two separate contiguous spousal/partner visas.
We're now applying for her to get Indefinite Leave to Remain and about to submit the SET (M) online application. The basis of the financial requirement in our case is income from my employment.
Have been looking at the Home Office Document "Calculating continuous period in the UK.." (https://assets.publishing.service.gov.u ... .0-EXT.pdf). We understand the 180-day rule but are confused with regards to "Allowable Absences".
At the bottom of Page 9 it states:
Allowable absences
Absences must be for a reason consistent with the original purpose of entry to the
UK, or for a serious or compelling reason in the following categories:
• work permit holder
• representative of an overseas business
• employee of overseas governments (except those exempt from control) or the
United Nations (UN) or other international organisation of which the UK is a
member
• airport-based operational staff of overseas-owned Stupid
• domestic workers in private households
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 (Temporary worker – International Agreement) (private servants in
diplomatic households granted under rules in place before 6 April 2012 only)
The applicant must provide evidence as explained below.
For the categories below, there is no requirement to give a reason for absences if
they do not exceed 180 days in a consecutive 12 month period:
• Tier 1 (Exceptional talent)
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• UK ancestry
• Retired person of independent means
• Highly skilled migrant (applying under the HSMP Forum judicial review)
• Points-Based System dependants
Absences linked to reason for being in the UK – evidential requirements
For all other categories, absences must be consistent with, or 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 should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
Is anyone able to please shed light as to under which of the set of categories listed above is applicable to my partner's application for ILR under SET (M)
I work part-time and frequently combine my part-time days with annual leave so we go away on holiday a lot, say 60-80 days a year abroad. Whilst this is within the 180-day rule, we're wondering if we need to provide explanations as to why this is above the "usual" 25-30 days they have quoted above?
Thanks in advance for any help you can give us!