Tier 1 (General) - ILR Questions

[shahmir]

Hello guys,
I am a Tier 1 (G) migrant got entry clearance in 2011 and entered UK within 3 months. I lived in the UK only a week and then visited back home for 84 days. Since then I'm living in the UK apart from a 4 week holiday last year. My 84 days absence in the beginning of first year wasn't an annual leave obviously. According to the then rules, we could only live a maximum of 90 days outside UK and reason for absence wasn't important. I have few questions:

(1) Do I have to provide some reason for this 84 days absence or such explanation is not necessary? Generally I can see here that people concentrating only on 180 days rule and they are successful. But if you read "Allowable absences" on page 20 of the below link, it states "Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason".

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

(2) I will apply for ILR in 2016. If refused, do I have the right of appeal?

Can someone reply to this please, thanks!

[Swapna.Kumari]

According to the then rules, we could only live a maximum of 90 days outside UK and reason for absence wasn't important.

If I may ask, where does it say in the rules that only 90 days are allowed at one stretch?

[shahmir]

There was a rule previously that you cannot stay outside UK for a continuous period of 90 days. Please can anyone answer my questions, thanks.

[Swapna.Kumari]

There was a rule previously that you cannot stay outside UK for a continuous period of 90 days

You almost scared the hell out of me, you are right there was a rule and is not anymore. Someone please correct me if I am wrong.


To answer your first question, one of my friend recently had his successful ILR and he was out of country for some 70 0dd days. He is self employed and was not working at the time he was out of country.So i don't think you have to worry about this.

serious or compelling

Can someone please tell me if there is a guide line that explains the above terms, if not they differ from person to person