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Hi All,

I am American, been in the UK for almost 10 years first under Tier 2 ICT, then Tier 1 Entrepreneur, now on Tier 2 General. I want to apply for ILR under 10 year continuous residence this April. However, I have been out of the country more than 540 days over 10 years, mostly because of short business trips. I've not lived anywhere else nor have had absences greater than two months. In total, I have been out of the country around 680 days, with around 300 days for business trips. If I deduct the business trips, I would have been out of the country for 380 days, under the 540 day limit.

I've had conflicting advice from solicitors. I spoke to one solicitor who said I will likely be granted an exception. She said I need to have my employers write letters for me stating the travel was mandatory for business purposes and the company paid all my expenses.

Another solicitor I spoke to said that exceptions used to be easy for business travel, but are much harder now. She said that it was unlikely I will be granted an exception for business travel.

Can someone give me their view? What do you think my chances are? Any recent cases where this type of exception has been granted?

Thank you in advance!

Things to consider when assessing if the absence was compelling or compassionate are:

• for all cases – you must consider whether the individual returned to the UK within a reasonable time once they were able to do so

• for the single absence of over 180 days:

o you must consider how much of the absence was due to compelling
circumstances and whether the applicant returned to the UK as soon as they
were able to do so

o you must also consider the reasons for the absence

• for overall absences of 540 days in the 10 year period:

o you must consider whether the long absence (or absences) that pushed the
applicant over the limit happened towards the start or end of the 10 year
residence period, and how soon they will be able to meet that requirement

o if the absences were towards the start of that period, the person may be able
to meet the requirements in the near future, and so could be expected to
apply when they meet the requirements

o however, if the absences were recent, the person will not qualify for a long
time, and so you must consider whether there are particularly compelling circumstances
All of these factors must be considered together when determining whether it is reasonable to exercise discretion.

Hi amber, thanks for your post. However, I am looking for cases like mine where an exception was granted or rejected. It’s a fairly common situation that employees at global companies travel a lot. I know many people who have received an exception under the 5 year tier 2 visa back when the absence allocation was lower. I want to know if exceptions have been granted under the 10 year continuous residence.

Thanks all. Karen

KMD wrote: ↑

Tue Jan 14, 2020 11:03 am

Hi amber, thanks for your post. However, I am looking for cases like mine where an exception was granted or rejected. It’s a fairly common situation that employees at global companies travel a lot. I know many people who have received an exception under the 5 year tier 2 visa back when the absence allocation was lower. I want to know if exceptions have been granted under the 10 year continuous residence.

Thanks all. Karen

Not seen even one but seen a lot of refusals. Long residence requirements are not the same as PBS routes. Being absent for business related reasons is not a compelling reason to grant ILR under long residence.