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180 days out of country in one stretch & ILR Please advice.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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raju4u
Junior Member
Posts: 87
Joined: Wed Dec 18, 2013 8:35 pm

180 days out of country in one stretch & ILR Please advice.

Post by raju4u » Fri Nov 28, 2014 3:06 am

Hello everyone,

I have a confusion regarding 180 days. I was granted Tier 1 G in 2011 in country application. I went back home the same year for 85 days in one stretch. I got my extension for 3 years in 2013 and i went back home for 115 days in one stretch. only two visits out of country to visit my family these were not work related. my ILR is due in 2016, someone told me that i will have to take another extension as you can not stay out of country for more than 90 days in one stretch. But as far as i know you can spend 180 days in one stretch. Please clarify. Do i need another extension or i am ok to apply ilr in 2016? i will highly appreciate. thanks

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 1:18 pm
Wales

Re: 180 days out of country in one stretch & ILR Please advi

Post by argus7 » Fri Nov 28, 2014 11:14 am

That's not true as long as 180 days in each qualifying year is permitted with valid reason and justification of leave needs to be demonstrated

raju4u
Junior Member
Posts: 87
Joined: Wed Dec 18, 2013 8:35 pm

Re: 180 days out of country in one stretch & ILR Please advi

Post by raju4u » Fri Nov 28, 2014 4:03 pm

thanks for the reply, i visited my family back home that's it. do you reckon that i should go for an extension or i am fine for applying ilr in 2016.? Please suggest thanks

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 6:20 pm

Re: 180 days out of country in one stretch & ILR Please advi

Post by Go12 » Sat Nov 29, 2014 7:26 pm

Hi,
But when you were visiting ur family back home,were u employed or not.if you get an employer letter ,saying tht you were on ur annual holidays it should be ok.
Else this situation is definitely a grey area.cause ukba had no clear answers for it.And no one knows what the rules for ILR will be in 2016 ,cause ukba is soo unpredictable .

raju4u
Junior Member
Posts: 87
Joined: Wed Dec 18, 2013 8:35 pm

Re: 180 days out of country in one stretch & ILR Please advi

Post by raju4u » Sat Nov 29, 2014 7:42 pm

Go12 wrote:Hi,
But when you were visiting ur family back home,were u employed or not.if you get an employer letter ,saying tht you were on ur annual holidays it should be ok.
Else this situation is definitely a grey area.cause ukba had no clear answers for it.And no one knows what the rules for ILR will be in 2016 ,cause ukba is soo unpredictable .
I have a limited company so i am employee of my own company, that is another reason i am a bit panic. And i draw minimum salary every month if that is of any help. thanks for the reply

sagareva
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Joined: Fri Oct 07, 2011 6:49 pm
Location: London, United Kingdom

Re: 180 days out of country in one stretch & ILR Please advi

Post by sagareva » Sun Nov 30, 2014 12:53 am

raju4u wrote:Hello everyone,

I have a confusion regarding 180 days. I was granted Tier 1 G in 2011 in country application. I went back home the same year for 85 days in one stretch. I got my extension for 3 years in 2013 and i went back home for 115 days in one stretch. only two visits out of country to visit my family these were not work related. my ILR is due in 2016, someone told me that i will have to take another extension as you can not stay out of country for more than 90 days in one stretch. But as far as i know you can spend 180 days in one stretch. Please clarify. Do i need another extension or i am ok to apply ilr in 2016? i will highly appreciate. thanks
90-days-in-one-stretch rule is old, it no longer applies
they changed the whole thing a few years ago, it is now 180 days per year. they can all be in one stretch, for all they care, so long as your balance of economic activity correctly continues to be shown to be within UK
do not worry
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

raju4u
Junior Member
Posts: 87
Joined: Wed Dec 18, 2013 8:35 pm

Re: 180 days out of country in one stretch & ILR Please advi

Post by raju4u » Sun Nov 30, 2014 1:47 am

Thanks man till now i was thinking that i am only talking to walls. Everyone reads and pass. so shall i just write in a letter that i was out of the country to visit my family and that is it? As in guidance they say only work related absences are allowed . thanks again

sagareva
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Joined: Fri Oct 07, 2011 6:49 pm
Location: London, United Kingdom

Re: 180 days out of country in one stretch & ILR Please advi

Post by sagareva » Sun Nov 30, 2014 1:58 am

raju4u wrote:Thanks man till now i was thinking that i am only talking to walls. Everyone reads and pass. so shall i just write in a letter that i was out of the country to visit my family and that is it? As in guidance they say only work related absences are allowed . thanks again
well, generally yes, visiting family is OK especially if there is a compelling reason

but to go into more detail, you need to be careful as to what your employment or self-employment status was in the UK during that time. it is impossible to tell you exactly what to do in your circumstances not knowing fully what they are

examples

if you were in employment and left the country on unpaid leave to go see family becase someone was elderly or in hospital etc etc and the returned to same employment = ok

if you were self-employed and same as above, also ok

if you were an unemployed job-seeker and left the country for a long time = not so good, but could be OK is reasons were compelling, absences within 180 days a year

in practice nowadays if absences are within 180 days a year and they are for some good reason, they do not look into this further

most importantly you cannot have gone abroad for the purpose of taking up a new job abroad. but even so, short employment abroad that was purely incidental to being there for other reasons (say, caring for a sick relative) has passed for many people

and lastly, I am not a man but you are welcome )
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

raju4u
Junior Member
Posts: 87
Joined: Wed Dec 18, 2013 8:35 pm

Re: 180 days out of country in one stretch & ILR Please advi

Post by raju4u » Sun Nov 30, 2014 6:43 pm

thanks for the detailed reply, I own limited company and during absence i was being paid the minimum salary in my account from my business company account. and these were only family trips not any work related or compassionate. following is the break down backward from ilr due date, thanks again your advise will be a great help as i have read all guidance notes but not clear about my situation.

22 may 2016 to 23 may 2015 0 days
22 may 2015 to 23 may 2014 2 days
22 may 2014 to 23 may 2013 108 days
22 may 2013 to 23 may 2012 0day
22 may 2012 to 23 may 2011 85days

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 1:18 pm
Wales

Re: 180 days out of country in one stretch & ILR Please advi

Post by argus7 » Mon Dec 01, 2014 11:23 am

Your leave dates are just fine. I don't see any issue

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