is 90 day and 180 day adsence is a rule ?

[ryan2020]

HI...


is 90 day and 180 day absence is in immigration rules ?

if yes then when it was presented in parliament ?

please reply.

thx

ryan

[MPH80]

In what context? Under which type of visas?

Many thousands of lines of immigration rules and you're asking about 2 types of absence ... more details please!

[ryan2020]

In what context? Under which type of visas?

Many thousands of lines of immigration rules and you're asking about 2 types of absence ... more details please!

thanks for the reply mph80.... i am looking for HSMP scheme and tier 1 context.

thxx

[mulderpf]

Yes it is, and it was brought before parliament on 22 November 2012, effective from 13 December 2012.

You can find the text brought before parliament here: Statement of Changes in Immigration Rules and I quote from the statement:

I am making changes to the Immigration Rules for indefinite leave to remain for work permit and other pre-Points Based System employment, for businesspersons, innovators, investors, self-employed persons, writers, artists and composers, those here on the basis of UK Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and Minister of Religion migrants and retired persons of independent means. These changes clarify that absences of up to 180 days in a 12 month period are permitted, provided the absence is for a reason that is consistent with the migrant's purpose of stay in the UK or for serious or compelling reasons.

[cs95tdg]

is 90 day and 180 day absence is in immigration rules ?

There is no longer a 90 day single absence threshold requirement for ILR. This topic should be moved to the ILR forum. You may want to take a look through the many recent posts on this subject that are available under that forum.

[ryan2020]

Yes it is, and it was brought before parliament on 22 November 2012, effective from 13 December 2012.

You can find the text brought before parliament here: Statement of Changes in Immigration Rules and I quote from the statement:

I am making changes to the Immigration Rules for indefinite leave to remain for work permit and other pre-Points Based System employment, for businesspersons, innovators, investors, self-employed persons, writers, artists and composers, those here on the basis of UK Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and Minister of Religion migrants and retired persons of independent means. These changes clarify that absences of up to 180 days in a 12 month period are permitted, provided the absence is for a reason that is consistent with the migrant's purpose of stay in the UK or for serious or compelling reasons.

thanks a lot mulderpf for your reply. so you mean to say it was not a immigration rule before 22 November 2012 ???

[ryan2020]

is 90 day and 180 day absence is in immigration rules ?

There is no longer a 90 day single absence threshold requirement for ILR. This topic should be moved to the ILR forum. You may want to take a look through the many recent posts on this subject that are available under that forum.

thx cs95tdg for the reply. I have seen many post but members discuss the threshold only that now its 180 days in 12 month period.

they didnt discuss that 90/180 day was a rule or guidance only ???

[cs95tdg]

I have seen many post but members discuss the threshold only that now its 180 days in 12 month period.

they didnt discuss that 90/180 day was a rule or guidance only ???

The former 90 day single absence threshold was a rule, likewise so was the 180 absence threshold. These are elaborated for caseworkers in guidance documents & listed as immigration rules as well. The 13th Dec 2012 rule changes will be reflected in both the immigration rules and case worker guidance on the UKBA website.

Regarding the point I was making about the 90 day single absence threshold... See the posts below:

http://www.immigrationboards.com/viewtopic.php?p=775633
http://www.immigrationboards.com/viewtopic.php?p=776876

[ryan2020]

I have seen many post but members discuss the threshold only that now its 180 days in 12 month period.

they didnt discuss that 90/180 day was a rule or guidance only ???

The former 90 day single absence threshold was a rule, likewise so was the 180 absence threshold. These are elaborated for caseworkers in guidance documents & listed as immigration rules as well. The 13th Dec 2012 rule changes will be reflected in both the immigration rules and case worker guidance on the UKBA website.

Regarding the point I was making about the 90 day single absence threshold... See the posts below:

http://www.immigrationboards.com/viewtopic.php?p=775633
http://www.immigrationboards.com/viewtopic.php?p=776876

thx for the reply. where i can find it was a rule. I thought it was guidance only not a rule ?? let me check the links you send me

like i said they are discussing that 90 day question is still there in set o form and need clarification.

however i was looking for the that if it was a rule or guidance only.... hope it clears you

much appreciated

[cs95tdg]

thx for the reply. where i can find it was a rule. I thought it was guidance only not a rule ?? let me check the links you send me

like i said they are discussing that 90 day question is still there in set o form and need clarification.

however i was looking for the that if it was a rule or guidance only....

Ok, I think what you are asking is whether the former 180 day absence threshold and the 90 day single absence threshold (Prior to Dec 13th) were in-fact stated within the immigration rules, or whether they were just stated in the guidance notes. If this is what you are asking, that can only be answered by going to the archives.

Can I ask, if there is any particular reason why you are asking this question?

Note however that I can confirm that the new 180 day annual threshold that was introduced on Dec 13th is stated in both the immigration rules and guidance. But I suspect what you are after is the old rules, though I have no idea, for what purpose.

[ryan2020]

thx for the reply. where i can find it was a rule. I thought it was guidance only not a rule ?? let me check the links you send me

like i said they are discussing that 90 day question is still there in set o form and need clarification.

however i was looking for the that if it was a rule or guidance only....

Ok, I think what you are asking is whether the former 180 day absence threshold and the 90 day single absence threshold (Prior to Dec 13th) were in-fact stated within the immigration rules, or whether they were just stated in the guidance notes. If this is what you are asking, that can only be answered by going to the archives.

Can I ask, if there is any particular reason why you are asking this question?

Note however that I can confirm that the new 180 day annual threshold that was introduced on Dec 13th is stated in both the immigration rules and guidance. But I suspect what you are after is the old rules, though I have no idea, for what purpose.

thx for the reply. I know about 180 day rule which is applicable from 13th dec.

how can i check the archive.... the reason i was askign i am refused >90 days absence..... so if it is not immigration RULE UKBA cannot refuse any one and i can argue that it was not in the rules... that why i was asking...

[mulderpf]

thanks a lot mulderpf for your reply. so you mean to say it was not a immigration rule before 22 November 2012 ???

No, the change only became effective 13 December 2012. Prior to that the rule simply stated that you had to have been in the UK for a continuous 5 year period. There was no hard & fast definition of what continuous meant, however, you will find it very hard to convince anyone that a 3 month break out of the UK meant that were in the country continuously.

So to answer your question, yes, it was definitely in the rules prior to December 2012, in the meantime though, UKBA changed it a bit and also clarified it somewhat. Note, that the change in December was a change, not just a clarification.

[cs95tdg]

how can i check the archive.... the reason i was askign i am refused >90 days absence..... so if it is not immigration RULE UKBA cannot refuse any one and i can argue that it was not in the rules... that why i was asking...

You can find the archived immigration rules under:
http://www.ukba.homeoffice.gov.uk/sitec ... ive-of-ir/

Interestingly, when I scanned through this (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary), I couldn't find a explicit reference to a single 90 day absence threshold. But it's certainly possible that I've missed it as I didn't do an in-depth search.

[ryan2020]

how can i check the archive.... the reason i was askign i am refused >90 days absence..... so if it is not immigration RULE UKBA cannot refuse any one and i can argue that it was not in the rules... that why i was asking...

You can find the archived immigration rules under:
http://www.ukba.homeoffice.gov.uk/sitec ... ive-of-ir/

Interestingly, when I scanned through this (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary), I couldn't find a explicit reference to a single 90 day absence threshold. But it's certainly possible that I've missed it as I didn't do an in-depth search.

thanks for the reply both of you. i'm still confused. if its in the rule before where it is written and when it was submitted to parliament.
i couldn't find it was in the rules and presented to parliament. i'm still searching for it and will check the links provided above.

[MPH80]

Mulderpf has already provided you with the answer. It wasn't explicitly included - it was simply worded as 'continuous' and then the definition of continuous wasn't explicit.

[ryan2020]

Mulderpf has already provided you with the answer. It wasn't explicitly included - it was simply worded as 'continuous' and then the definition of continuous wasn't explicit.

thanks .... to clearify

In immigration rules - continuous period of lawful residence was there ONLY.

whereas in Guidance notes

it was 90 or 180 day ???

am i right ?

[cs95tdg]

I believe what both MPH80 & mulderpf are saying is that it was not explicitly stated in either published immigration rules or guidance. It was just worded as "continuous residence" in both cases.

If you want to prove/disprove the point you will need to search the archives, as otherwise we will be going over the same ground repeatedly.

[ryan2020]

I believe what both MPH80 & mulderpf are saying is that it was not explicitly stated in either published immigration rules or guidance. It was just worded as "continuous residence" in both cases.

If you want to prove/disprove the point you will need to search the archives, as otherwise we will be going over the same ground repeatedly.

i agree with you.

I got the point now that there was no 90 day or 180 day rule was there ONLY"continuous residence" was defined in the rules... where as 90 day or 180 day was in GUIDANCE ONLY.

Now they have defined 180 day rule in Immigration rules from dec 2012 and it is in guidance as well. where as it was ONLY in guidance before.