Absence from UK .....ILR Eligibility?

[Jackson1]

Hi,
During my 5 years stay in UK, I was working away from UK for continuous 135 days which was not in UK payroll. For the rest of the period I am permanent UK employee with all my P60 available for all 5 years.
Would I be still eligible for ILR ?

[physicskate]

Hi,
During my 5 years stay in UK, I was working away from UK for continuous 135 days which was not in UK payroll. For the rest of the period I am permanent UK employee with all my P60 available for all 5 years.
Would I be still eligible for ILR ?

This is well-covered ground. You cannot have been absent for more than 180 days in any 12 month period counting back from the date you apply for ILR.

[Jackson1]

thanks...
do i hv to submit proof of absence from uk ?

[Go12]

Hi Jackson,can u plz elaborate ur visa dates if u don't mind,m also in the same situation

[Lucapooka]

You have to list your absences for each 12 month period over the five years.

Look at page 21 and 27 of the application form.

https://www.gov.uk/government/uploads/s ... _10-14.pdf

[goldfish]

There was also a requirement that any absence of over 90 days would "reset your clock" for ILR, i.e. the period counting towards ILR would start from the day you returned from your absence. Not sure if this is still a requirement?

[argus7]

That would be if your first entry was delayed more than 90 days.

[goldfish]

It wasn't related to your date of entry. If you delayed entry, there were provisions made to allow you to apply for ILR when you were short of the 5 year requirement.

The 90 day requirement meant that even if you overall absences were within limits, any absence of 90 days would reset your clock completely. For example, my absences might be 95 days + 5 days + 5 days, i.e. well within the total absence day limit. However, due one absence being more than 90 days, the 5 year period would count only from the date of re-entry after that absence. For example, if you had a 95 day absence in year 5, you would need to starting counting 5 years for ILR all over again after returning to the UK.

It may be that this doesn't apply any more (with the 180 day per year rules), but this is how it operated previously.

[fielddrive]

Hi,
During my 5 years stay in UK, I was working away from UK for continuous 135 days which was not in UK payroll. For the rest of the period I am permanent UK employee with all my P60 available for all 5 years.
Would I be still eligible for ILR ?

you are allowed a total of 180 days in the 5 years to be outside the UK.

However any time spent outside on paid annual vacation and business travel whilst based (read: economically active) in the UK is not counted towards the 180 day absence.

Any absences for 90 days or more in a single calendar year reset the clock.

[physicskate]

you are allowed a total of 180 days in the 5 years to be outside the UK.

However any time spent outside on paid annual vacation and business travel whilst based (read: economically active) in the UK is not counted towards the 180 day absence.

Any absences for 90 days or more in a single calendar year reset the clock.

Totally and completely incorrect. These rules changed some time ago. You are allowed out 180 days in each 12 month period counting back from the time you apply. These can be consecutive days. You can even break up longer absences if you can split them between two twelve month periods counting back from the time you apply. See manci's links above for details!