Tier 2 General to ILR and UK absences

[MrScott]

I am currently on a Tier 2 General visa in the UK. I have some questions about the requirement for not spending more that 180 days outside of the UK in each of the last 5 years.

What defines a day? Page 19 of v13.0 of the document says "180 whole day absence":

You must only include whole days in this calculation. Part day absences, for example, less than 24 hours, are not counted.

So if I leave for a business trip Sunday night and get back Saturday morning, does that mean that I have been out of the UK for only 5 days (Monday - Friday)?

Are exceptions for business travel easily made? I am always employed and working for a UK company, but I often travel to visit my clients and partners outside of the UK. Pages 21-22 say:

Absences linked to reason for being in the UK – evidential requirements
For all other categories, absences must be consistent with or connected to the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK, for example, business trips or short secondments.

It sounds like 5 days and exceptions for business travel. But I don't want to find out I am wrong when it is too late. Does anyone know based on experience?

Thank you.

[CR001]

You are allowed 180 days absence for each 12 month cycle. The absence limit includes personal and business absence.

You do not count the day of departure and arrival. You only count whole days out of the UK, so in your example, yes it would only be 5 days.

[ratapita]

Just my thoughts:
It is correct to say that 180 days absences includes both business and personal travel. However you may find it worth having a look at this case
http://www.bailii.org/ew/cases/EWHC/Adm ... /1478.html
( which is posted in the sticky topics), especially para 79. I do not know how quickly ( or if - knowing the Home Secretary's aversion to abide by court decisions ! ) this would get included in the Home Office policy documents. But I would say you have a very good case to argue , should things go wrong. After all , your value to your employer , is centred on the fact that you are able to discharge the duties of the role, and if this involves travelling abroad , then this is in line with your reason for being in the country.

If you have any alternative , other than taking the Home Office to court that would be best, but as you can't undo your visits and as long as you can prove that your circumstances are genuine, I think you should be ok.