Calculation of the lawful continuous period for ILR

[atig]

I am currently on a Tier 1 (General) visa and I have a ILR query regarding continuous period of stay in the UK over the 5 years period. I am confused about how many days of absence are you allowed outside of UK.

I have had a look at the UKBA website, the continuous period calculation guidance notes, form SET (o) and the FAQ, but the confusion has only increased.

What is the total amount of days allowed outside UK over the 5 year period?

The website says - "During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months"
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

There is also a guidance note where on page 10 of 19 it says

"No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, preceding the date of the application for indefinite leave to
remain (ILR)"

What I am confused about is, does it mean 180 days in total for 5 years or does it mean 180 days for each of the 5 years i.e
year 1 - 180 days,
year 2 - 180 days,
year 3 - 180 days,
year 4 - 180 days and
year 5 - 180 days;
a total of 900 days maximum.

By the language, I am inclined to think it's the later i.e. 180 days each year; but I am not sure and hence the confusion

Thanks

[silent_warrior]

Its 180 days in total within the 5 year period and not for every year

[atig]

Its 180 days in total within the 5 year period and not for every year

I see. Is date of arrival to UK and date of departure from UK counted as absent days?

[ban.s]

Its 180 days in total within the 5 year period and not for every year

That's not correct anymore as the rules have changed. Beginning 13th Dec 12, the absence threshold is 180days during each consecutive 12 month period of the 5 year residency.

[silent_warrior]

Its 180 days in total within the 5 year period and not for every year

I see. Is date of arrival to UK and date of departure from UK counted as absent days?

I am pretty sure there was a similar question in the forum before. The date of arrival in the UK is counted. Your absentism starts from the day of your departure

[atig]

Its 180 days in total within the 5 year period and not for every year

I see. Is date of arrival to UK and date of departure from UK counted as absent days?

I am pretty sure there was a similar question in the forum before. The date of arrival in the UK is counted. Your absentism starts from the day of your departure

Please check page 12 of 19 of the following link
http://www.google.co.uk/url?sa=t&rct=j& ... 4169,d.d2k

Once again I am confused here. It says and I quote "Only whole days absences are counted. Part day absences, for example, less than 24
hours duration are not counted. "

[atig]

Its 180 days in total within the 5 year period and not for every year

Please check this post.
http://www.immigrationboards.com/viewto ... b2f7b6c598 where it's quoted in one of the comments

Let me try and highlight my confusion a bit differently!

For non-sponsored categories (e.g. - Tier 1 G, and for the sake of simplicity, where the applicant was never under a sponsored category in the qualifying period):

There's no requirement any more for the absences to be employment or business related or on account annual leaves. As long as your absences are below 180 days in any of the five consecutive 12 month periods, you are fine ... no document / justification required! (refer para 116).

OK, understood!


Why are they then asking for documentary evidences for "serious and compelling reasons"? (for example, refer to para 127 and 128).

Why can't these be ignored as well? If not, why would anyone wish to show absences as for "compelling and serious" reasons?? That's the question!!!


245AAA(b) doesn't override 245CD(j) or vice versa. They both are to co-exist .... and both make the other seem illogical.

My confusion just keeps on increasing. Here the moderator clearly says it's 180 days in each of the 5 years.

[atig]

Its 180 days in total within the 5 year period and not for every year

That's not correct anymore as the rules have changed. Beginning 13th Dec 12, the absence threshold is 180days during each consecutive 12 month period of the 5 year residency.

So basically 180 for each 12 months * 5 years = 900 days maximum?

Also, based on the rule change, there is no documentary evidence required if the absences were under 180 days in each 12 months. Is that right?

[nani_varaprasad]

HI,

You are allowed to travel 180 days in every one year but for 5 years you should not exceed 180 days. You need to satify both the rules as per new rule.

Ex: in 1st year if you have travelled 180 days than you are not allowed to take any more holidays for the rest of the 4 years. Hope you got it.

[atig]

HI,

You are allowed to travel 180 days in every one year but for 5 years you should not exceed 180 days. You need to satify both the rules as per new rule.

Ex: in 1st year if you have travelled 180 days than you are not allowed to take any more holidays for the rest of the 4 years. Hope you got it.

Thanks. Can you show me some official guidance / mention about this (any web site link or PDF link etc)?

[mulderpf]

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months.

Calculating continuous period in UK explains this in more details (e.g. how to calculate each 180 days allowance period).

Furthermore, the guidance also answers another question about whether travel days are counted:

Only whole days absences are counted. Part day absences, for example, less than 24 hours duration are not counted.

So the day of departure and arrival are not counted as absences from the country.

You are allowed 180 days in each of the five years (not limited to 180 over the 5 years as someone suggested), however, all absences must be related to what you are doing in the UK. For example, if you resign from your job to go and take up a contract in another country, this considered a break in continuity - if you are working for a company and sent elsewhere for work for the exact same period of time, this would generally not count as a break in continuity.

[atig]

Calculating continuous period in UK explains this in more details (e.g. how to calculate each 180 days allowance period).

Can you mention the page number from the guidance please?

Furthermore, the guidance also answers another question about whether travel days are counted:

Only whole days absences are counted. Part day absences, for example, less than 24 hours duration are not counted.

So the day of departure and arrival are not counted as absences from the country.

Thanks for clearing this up.

[mulderpf]

It's not a very long document. Most of your questions will be answered by reading the whole thing and not reading pieces out of context, however, the page you are looking for is page 10.