Original Email/Questions:
I am in the UK on an Ancestry visa, which expires in January 2014. As I have been here for five years, I am looking to apply for ILR in late December/January.
Research I have done so far on the 5 year continuous period (including reviewing the “Indefinite leave to remain – calculating continuous period in UK” document here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary ) has left me with a few questions. Could you please clarify:
1. What is the “purpose” for being in the UK on an Ancestry visa?
2. What is “annual leave” defined as?
3. I have been continuously employed during my time here. For the first few years, I was a student and worked part-time on an hourly wage. Does any time I spent outside the UK during that time break the continuous period? (There were no exceptional/compassionate circumstances. Only leisure.) I had a flexible working schedule and could work more or less as appropriate or desired, including working more in the lead-up to a break. I had no set holiday allowance and could take as much or as little time off as I wished, with prior agreement from my supervisor, but was continuously employed during that period.
4. I often now take weekends outside of the UK for leisure. This is not days off from work (I’m not expected to work 7 days per week). I’m not sure if weekends fall under annual leave? I am also given an annual holiday allowance of 23 days, so 23 days plus a few weekends may be more than what is traditionally given as “annual leave” of 5.6 weeks? Does a weekend outside of the UK count as a break in the continuous period?
Any clarification on the above would be extremely helpful and greatly appreciated.
Response from UKBA:
Dear Sir,
Thank you for your enquiry regarding the guidance on calculating the continuous period for ILR. I will answer your questions in the order in which you have posed them.
1. Leave to enter the UK on a UK Ancestry visa is granted to a qualifying individual, for the purpose of living and working in the UK.
2. We define annual leave as contractual leave, as defined in the applicant’s contract of employment, as such, it is work related and related to the purpose for being in the UK.
3. Any time spent outside of the UK that was not spent during a period of contractual annual leave, or for another purpose of the applicant’s employment e.g. where an applicant is required by their employer to attend an overseas meeting or conference, would break continuous residence.
4. It is an individual’s choice as to how they spend their non-working days, but any time spent outside of the UK that is not related to their employment, will break continuity of residence.
I trust this answers your questions.
I've spoken with the UKBA helpline, and they said that while you're continuously employed, as long as you don't spend more than 180 days outside of the UK in any of the 5 12 month periods before application, you're eligible (reason for travel is irrelevant). Is this the current understanding?
