Absences allowed under ILR for unmarried partners

[nb]

I have thoroughly researched this question before posting, the reason for this post is that I received conflicting information directly from the home office.

I am currently on an unmarried partners visa (de facto), which expires in April 2010.

I have been informed by my visa agency, that in order to qualify for ILR in 2010, that I am not allowed to be out of the country for longer than 90 days per year.

However, I called the home office directly to make an enquiry, and they said that "short holidays abroad" do not count towards the 90 days. When I probed further about this, they said that any holidays abroad without my partner may cause the case worker concern and that the granting of ILR is at the discretion of the case worker.

This directly conflicts with information I have found online, as well as two other visa companies I called. The two agencies i called said that a) travelling abroad without my partner is not an issue, but that I was not allowed out of the country for more than 90 days per year.

The reason for my enquiry is that I would like to go travelling without my partner for an extended period (2 months). We have been together for five years. It has been my lifelong dream to go travelling – which I planned to do after I had achieved IRL status. However, with the continual changing of the immigration laws, I have been here for eight years, and the end is nowhere in sight.

Therefore, I would like to take my opportunity to travel, while I am young enough, and obviously before my partner and I get married and have children. Unfortunately, my partner cannot join me, for a number of reasons including financial and career related, but more importantly, it is not his dream to travel and he is supportive that I fulfil my dream before we settle down.

Can someone please clarify what the actual rules are regarding ILR for unmarried partners:
a) Does the 90 day rule apply to unmarried partners ?
b) If the 90 day rule DOES count, do the days you leave and enter the country count towards the 90 day period?
c) Will travelling without my partner affect my IRL application / immigration status in future?

I would also like to take this opportunity to thank all the regular contributors of this forum, for the boundless amount of information which I have used many a time to answer immigration enquiries I’ve had in the past.

[batleykhan]

I dont think there is a definitive time limit for ILR. The 90 days that you are talking about does apply if and when you apply for British Nationality.

You can leave the county for what ever time you wish or for whatever reason you want.

The problem might arise when you apply for ILR. The Home Office might decide that you have been out of the country for a longer period/reason than allowed . they might insist that you apply and pay for further leave to remain to make up most of the two year period that you should have spent in the UK.

Personally I am of the opinion that 3 months absence (whether in bits ot continious period) would count against you when you apply for ILR. Had it ben say 4-6 weeks of absence for good reason you might get away with it.

As regards travelling with or without your partner, it should make no difference to your partner. Its your application that the HO will look and consider as its you thats applying not your partner.

This is my opinion on this matter.just wait to see what others say, particularly those that have applied for ILR and have been absent from the UK for some time

[nb]

Hi there,

Thanks for your response. I'm a little confused though. If there are no hard and fast rules regarding time out of the country for ILR on unmarried partner visa, why would it then be an issue to be out of the country? Do they have loose guidelines around what would be appropriate?

Also, I'm not concerned how my travelling would affect my partner - since he is British and has no immigration concerns - I'm actually concerned about how that will look to the HO in terms of me travelling without him.

Would they see it as a problem that we were not together for two months, even though I would still continue to pay rent and all bills over that period?

Has anyone had a similar experience?[b][/b]