out of UK period 90 or 180 days??

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 8:17 pm

Hello all,
i am on maternity leave and planning to visit home country hence would like to confirm how many days i can stay there at maximum and might leave my daughter with grandparents for few months too but will that cause issues for her indefinite when i apply ??
also quote immigration rule where this is stated so i can refer
Thanks in advance

Post by **Lucapooka** » Sun Dec 23, 2012 8:22 pm

You can stay out of the UK for up to 180 days in each annual cycle of your residence period. However, such absence must be related to your work, or holidays (nominally 5 or 6 weeks per year), or for compassionate reasons. Your post is not clear if you intend to have your baby or have already had your baby. If you choose to have a baby outside the UK (where there are perfectly adequate maternity facilities) and remain away for some considerable time, that may not be considered as a compassionate reason for the absence.

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 9:24 pm

thanks alot.
Actually ive has the baby in UK now waiting for her visa. plan to stay in home country as much as as i am allowed and then plan to leave daughter there with whatever time is allowed for her which does not cause issue when applying for indefinite.

So if 180 days is only acceptable on grounds of compassionate reasons then how much is generally allowed ?

Post by **Lucapooka** » Sun Dec 23, 2012 9:36 pm

zaynab79 wrote: So if 180 days is only acceptable on grounds of compassionate reasons then how much is generally allowed ?

I did not say this. What I said was:

Lucapooka wrote:You can stay out of the UK for up to 180 days in each annual cycle of your residence period. However, such absence must be related to your work, or holidays (nominally 5 or 6 weeks per year), or for compassionate reasons.

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 9:43 pm

oh ok!! i get it now. so i can stay maximum on holiday upto 180 days with my daughter but can you also let me know if i leave here there for more than that period will it effect her application when applying for indefinite

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 9:47 pm

just to be clear again i can stay for a continous period of 180 days (almost 6 months) in my home country. wow thats gr8!! gives me enough time

Post by **Lucapooka** » Sun Dec 23, 2012 9:48 pm

zaynab79 wrote:oh ok!! i get it now. so i can stay maximum on holiday upto 180 days

Lucapooka wrote:You can stay out of the UK for up to 180 days in each annual cycle of your residence period. However, such absence must be related to your work, or holidays (nominally 5 or 6 weeks per year), or for compassionate reasons.

I think it will be impossible to justify a holiday that lasts 180 days where the average leave is measured in 5 or 6 weeks.

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 9:56 pm

ok so again my question is for what time period can i stay out of UK for a CONTINOUS PERIOD of time annually

Post by **Lucapooka** » Sun Dec 23, 2012 9:58 pm

180 days per year if those absences are with regard to work, holiday (but consider the limitations of this) or compassionate reasons. Obviously, if you are not interested in claiming ILR you may remain outside the UK for as long as you wish.

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 10:12 pm

i am very much interested in ILR thats y why i am concerned that for how long can i stay in home country with my child. i cannot go back and forth and would like to stay atleast 3 months (continously). so wanted to cofirm if i can stay more than that. as i understand from ukba website 90 days continous period is allowed

zaynab79 · Post by **zaynab79** » Sun Dec 23, 2012 10:30 pm

i just want to understand whether i can leave my daughter back home with grandparents for more than 3 months and if it will effect her ILR application i.e. whether child is also required to have 5 yr period obligation or not after i get my indefinite status.

Post by **Lucapooka** » Mon Dec 24, 2012 8:15 am

The 90 day allowance has been replaced with the 180 day allowance per year. However, the reasons for absence have been defined more clearly and one must assume the application of this will be quite strict. They have allowed longer absence if it's in line with your reason to be in the UK (namely work-related). I think it's too early to say how these new rules will work out in practise. If you take a 90 day holiday I feel strongly that it may not be considered as complying with the new absence guidelines. Your daughter's ILR is linked to yours; her absences will not matter with regard to ILR, but she won't be eligible for ILR if you are not eligible for ILR, and your absences do matter.

bond.boy203 · Post by **bond.boy203** » Mon Dec 24, 2012 12:52 pm

May be you are missing a point here.

My understanding was that if the child was born in UK, as soon as her parent gets ILR, she will be eligible for british citizenship.

If you think from this perspective, think you should be Ok with leaving your daughter with her grandparents for a while as long as she's got the visa to return back to the UK ( This is just my personal opinion though)..

( seniors can correct me if I am wrong).

zaynab79 · Post by **zaynab79** » Mon Dec 24, 2012 11:16 pm

thank u bond boy thats exactky my point too

zaynab79 · Post by **zaynab79** » Fri Dec 28, 2012 3:14 pm

so then i can leave her back home for longer because i need to come back join work and save money. cant afford child care at present so thinking of leavin her with grandparents for few months till i save some money because i need another extension in jan 2014

zaynab79 · Post by **zaynab79** » Wed Jan 02, 2013 8:58 pm

can anyone please endorse my understanding that i can leave my child behind with grandparents and if wont effect her ILR once i am granted ILR

CodeCruiser · Post by **CodeCruiser** » Wed Jan 02, 2013 11:18 pm

Yes you can leave her because the rule only applies to main applicant and not dependants.

alok_singh · Post by **alok_singh** » Thu Jan 03, 2013 12:24 am

Why would you apply ILR for your child instead get you ILR in person and apply for children Citizenship you can save fees for the children ILR application

alok_singh · Post by **alok_singh** » Thu Jan 03, 2013 12:29 am

zaynab79 wrote:can anyone please endorse my understanding that i can leave my child behind with grandparents and if wont effect her ILR once i am granted ILR

you can go 180 days since the maternity leave is allowed for 26 weeks but annual leave is for 5-6 weeks your absence should be aligned with your employment .

Also legally your employed cannot make you redundant while you are on maternity leave .

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out of UK period 90 or 180 days??

out of UK period 90 or 180 days??