90 day rule to qualify for ILR - WP

[AntCoe]

Apologies, but there are such a lot of conflicting statements regarding this issue…

To qualify for ILR you must have spent 5 years continuous stay, not spent more than 180 days of those 5 years outside the U.K. and no single absence longer than 90 days outside the U.K….

Now….is there a rule that says no more than 90 days per calendar year for ILR?

I have already spent more than 90 days in total this year. 65 days and 30 days respectively.

Thanks

[geriatrix]

Under current rules, your absences in the 5 yr. period should not exceed 180 days in total and 90 days in a single trip. Work related absences can be discounted when supported by employer letter.

Calender year is irrelevant here.

regards

[winber]

Not entirely true ... the 180 days people keep talking about is the maximum number of absences you can have *after* the caseworker has disregarded absences consistent with annual leave and so on.

At least that is how I read Annex F.

Myself, 3 other people I know personally, and many people that have posted to this forum have got ILR with more than 220 days absent (in total). This is not a case of the caseworker ignoring the rules, it is entirely consistent with the so called 180 day rule.

[Mohanfromblr]

Sorry guys
It may not be appropriate to post my query here, but feel like I will get immediate reply.
I have got Tier-1 valid from Nov,01,2008 but entered UK on 21,Dec,2008.
So already 50 days are wasted there.
I will go for Tier-1 extension in Oct,2011.
So my query is am I eligible for ILR by Nov,01,2013? (if the rules are not changed).
I will see to it that I wont spend more than 180-50=130 out of UK from now onwards.
Thanks in advance

[dimsav]

...So my query is am I eligible for ILR by Nov,01,2013? (if the rules are not changed)...

The residential requirement of 5 years (currently!) starts from the date of entering the UK as Tier 1/2 and not from the date of issuing the visa! In your case = 21 Dec 2013, I am afraid so...

[AntCoe]

@ Mohanfromblr
I agree. Your 5 year clock starts to run when you entered the UK and not when your visa was issued. So you can ignore the 50 days.

@ winber

I agree with you as well. the 180 days is excluding paid holidays and business trips. May i also add that those who find themselves needing letters of confirmation in this regard is to get them NOW rather than a few weeks/days before applying for ILR. it could be more difficult than you think getting them from past employers.

[samengr]

Hi all,

I am bit confused about the residential rule for ILR. As stated here

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

* been resident in the UK for at least five years (this is known as the residential qualifying period); and
* been present in the UK five years before the date of your application; and
* not spent more than 450 days outside the UK during the five-year period; and
* not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
* not been in breach of the Immigration Rules at any stage during the five-year period.


have read on other forums as well that there is 180 days max someone can spend outside UK to qualidy for ILR? then few people say employer paid leave will not be included in this 180 days time.


Anyone can quote something mentioned on UKBA website? or any ruling? anything from UKAB/homeoffice?

In 3 years time I have spent 90 days out of UK and out of these 90, 80 days are on employer paid leave....

I am planning to go to home country on 2/3 months trip? so need to know the exact figures.

Any body can help me to advice?

[vinny]

As stated here

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

[vinny]

See also ILR Processing: A CaseWorker's Guide/Manual.

[samengr]

See also ILR Processing: A CaseWorker's Guide/Manual.

Hi Vinny,

Thanks for replying my query. I really appreciate that,

I still couldnt get that as they dint write it clear how many days one can spend outside UK. They mentioned 6 months (180 days) time but they dint mention employer paid leave, business trip will be counted in that 6 months time or not?


http://www.ukba.homeoffice.gov.uk/sitec ... ction1.pdf

Annex A – Calculation of the five year period for settlement
In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, 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 the applicant has clearly continued to be based here.
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:

• there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;

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 three months duration, and they must not amount to more than six months in total for the whole five year period..
NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

Can you please high light how many days we can spend outside UK? what are your recommendations?