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Travel prior to Application for ILR query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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amishpaul
Newly Registered
Posts: 3
Joined: Mon Nov 08, 2010 4:38 pm

Travel prior to Application for ILR query

Post by amishpaul » Thu Feb 07, 2013 6:46 pm

I have read through several pages of searches today, after being told (by a friend who just got ILR) that you are not allowed to travel out of the UK for any reason for the 90 days prior to your application for ILR. Regardless of whether you have ample days remaining in your calendar year allowance. Any truth to this, or is this some kind of misinterpretation?

I ask because my due date for ilr application is the 28th of May, but my first neice is being born in March, and I was hoping to travel to South Africa for the birth and a short holiday (2 weeks in march and 1 week of April), on a free ticket from a family member. In the qualifying year, May 28 2013 - May 27 2012, I have only spent 23 days out of the country so far, and in the 5 year total, I have spent 228 days in total, with no single year exceeding 69 days.

Any thoughts would be appreciated.

Regards

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Travel prior to Application for ILR query

Post by cs95tdg » Thu Feb 07, 2013 8:00 pm

amishpaul wrote:I have read through several pages of searches today, after being told (by a friend who just got ILR) that you are not allowed to travel out of the UK for any reason for the 90 days prior to your application for ILR. Regardless of whether you have ample days remaining in your calendar year allowance. Any truth to this, or is this some kind of misinterpretation?
That is incorrect, so I suspect it is a misinterpretation.

I'd urge you to read the ILR guidance and immigration rules published on the UKBA website, which will clearly state the absence thresholds and requirements. Note that immigration rules may vary depending on the immigration category you apply under. The following is for those applying as economic migrants.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

You may also find the following sticky useful: http://www.immigrationboards.com/viewtopic.php?t=79378

amishpaul
Newly Registered
Posts: 3
Joined: Mon Nov 08, 2010 4:38 pm

sorry, meant to add that I'm applying through ancestry 5 yea

Post by amishpaul » Thu Feb 07, 2013 9:33 pm

Thanks for the reply cs95tdg!
I hadn't been able to find anything, but he was adamant and I just wanted to be sure ;)
Thanks again.

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