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Confusion over ILR Absence period allaowance

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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mashayekh_hosein
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Posts: 73
Joined: Mon Jul 30, 2012 7:15 am
United Kingdom

Confusion over ILR Absence period allaowance

Post by mashayekh_hosein » Thu Apr 30, 2015 11:23 am

Dear all

I am a bit confused over the absence days allowed for ILR. Can anyone please correct me if I am wrong on this?

I am currently on Tier-2 and hope to apply for ILR after completion of the 5 years period through shortage occupation list. However my company now wants to send me on missions abroad, and I am a bit worried on the days I can spend outside for ILR and eventually the citizenship as apparently the rules have changed recently.

I mean, as far as I know, in every each 1 year of the 5 year period for ILR, I cannot be out of country for more than 6 months (180 days), Correct? (Does this mean that I can effectively be out of country for 2.5 years of the 5 years period in total?)

and then as far as I know, in every each 1 year of the 5 year period for citizenship, I cannot be out of country for more than 3 months (90 days), Correct? (online I read it should be 450 days in total, not sure if it splits in years or not!)

So:
1- Are these absence include the business trips as well, and can I be out of UK for more if I provide a business authorization letter?
2- If I am going to apply for citizenship one year after I received the ILR, then effectively I cannot be out of UK for more than 90 days per year while I am on Tier-2 for the 5-year ILR period as well. Correct?

Many Thanks for your thoughts.

.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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Re: Confusion over ILR Absence period allaowance

Post by CR001 » Thu Apr 30, 2015 11:39 am

mashayekh_hosein wrote:Dear all

I am a bit confused over the absence days allowed for ILR. Can anyone please correct me if I am wrong on this?

I am currently on Tier-2 and hope to apply for ILR after completion of the 5 years period through shortage occupation list. However my company now wants to send me on missions abroad, and I am a bit worried on the days I can spend outside for ILR and eventually the citizenship as apparently the rules have changed recently.

I mean, as far as I know, in every each 1 year of the 5 year period for ILR, I cannot be out of country for more than 6 months (180 days), Correct? (Does this mean that I can effectively be out of country for 2.5 years of the 5 years period in total?) Yes, 180 days max per 12 month cycle

and then as far as I know, in every each 1 year of the 5 year period for citizenship, I cannot be out of country for more than 3 months (90 days), Correct? (online I read it should be 450 days in total, not sure if it splits in years or not!) Not sure where you got this info from but it is incorrect. For citizenship based on 5 years which must include 12 months on ILR, the absence limits are no more than 450 days total in the 5 years immediately preceding date of application received by HO and no more than 90 days in the 12 months immediately preceding the date of application received by HO.

So:
1- Are these absence include the business trips as well, and can I be out of UK for more if I provide a business authorization letter? Yes, all absences. Risky to be out more but perhaps another mod can confirm.
2- If I am going to apply for citizenship one year after I received the ILR, then effectively I cannot be out of UK for more than 90 days per year while I am on Tier-2 for the 5-year ILR period as well. Correct? See my comment above

Many Thanks for your thoughts.

.
Char (CR001 not Casa)
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