ILR - T2 General - Permitted Duration of Single Absence

[anub2016]

Hi,

Is there a limit on the number of days allowed for a single absence from the UK in relation to the continuous period for Indefinite Leave to Remain? If yes, what is the limit (maximum number of days allowed)?

On many occasions, I've read that a single absence must not exceed 90 days. Is this true? If not, has there ever been such requirement for ILR in the past?

Many Thanks.

[pentaya]

Absences shouldnot exceed more than 180 days within 12 months period

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[anub2016]

I appreciate your quick response.

I understand that the official document for continuous period as published on the UKBA website mentions that the absence in any consecutive 12 month period should not exceed 180 days. But 180 refers to the total number of days a T2 migrant can be absent from the UK in a 12 month period. However, it does not clarify if there is any limit on a single absence from the UK.

Could the Moderators/Senior Members please advise on this?

Many Thanks.

[CR001]

However, it does not clarify if there is any limit on a single absence from the UK.

Because there is no such limit. It is 180 days per 12 month period.

[anub2016]

Thank You so much for clarifying this.

Do you know if the 90 Day limit on a single absence was existing before 13 December 2012? This is just out of curiosity.

Many Thanks.

[CR001]

Likely yes but would be irrelevant now regardless of when your visa was issued.

[anub2016]

Do you mean that when the rules change, they apply to everyone irrespective of when the visa was issued? This seems a bit unfair as everyone tends to plan per the current rules!

I am planning a vacation of 30 days outside UK next year on my paid annual leaves and bank holidays (including Saturday and Sundays). Would that be permitted per the current rules?

Many Thanks.

[CR001]

The current rule of 180 days per 12 month period applies to ALL PBS migrants applying for ILR. I don't understand why you think there is an issue.

There is no limit on single absences but bear in mind that you have to submit a letter from your employer detailing absence.

A vacation on paid annual leave is fine.

It is a migrants responsibility to keep up to date with changes for whichever application they are submitting.

[anub2016]

Thank you very much CR001. I got confused due to the inconsistent information available on the internet in this regard. On top of that, the other day, someone mentioned that one cannot be away for more than 28 days at a stretch (my vacation would be for 30 days).

How about the absences on Unpaid Leaves? Are they allowed?

Also, in regards to applying the changes in the rules to everyone, it would seem unfair in a scenario where lets say, they reduce the allowed absences to 180 days in the complete 5 year period at some stage, a migrant who has already had more than 180 days absences over a period of 2 or more years, would never be able to apply for ILR. What do you think?

Many Thanks.

[CR001]

Also, in regards to applying the changes in the rules to everyone, it would seem unfair in a scenario where lets say, they reduce the allowed absences to 180 days in the complete 5 year period at some stage, a migrant who has already had more than 180 days absences over a period of 2 or more years, would never be able to apply for ILR. What do you think?

It is pointless discussing or stressing over something that has not happened, is not in the pipeline to happen and where there has been no indication from HO that is might happen.

[noajthan]

Do you mean that when the rules change, they apply to everyone irrespective of when the visa was issued? This seems a bit unfair as everyone tends to plan per the current rules!

I am planning a vacation of 30 days outside UK next year on my paid annual leaves and bank holidays (including Saturday and Sundays). Would that be permitted per the current rules?

Many Thanks.

Life is sometimes not fair; this is not restricted to immigration matters.
When rules change sometimes there are transitional arrangements put in place and sometimes rules are applied retrospectively.

That is how it is in UK.
The only recourse is perhaps the doctrine of legitimate expectation. Alternately, to choose not to participate in the UK migration journey.

[Kelkay]

Also, in regards to applying the changes in the rules to everyone, it would seem unfair in a scenario where lets say, they reduce the allowed absences to 180 days in the complete 5 year period at some stage, a migrant who has already had more than 180 days absences over a period of 2 or more years, would never be able to apply for ILR. What do you think?

It is pointless discussing or stressing over something that has not happened, is not in the pipeline to happen and where there has been no indication from HO that is might happen.

I think this scenario is no longer pointless as it happened to my friend's relative. See my post on it here http://www.immigrationboards.com/indefi ... 22067.html

[CR001]

Also, in regards to applying the changes in the rules to everyone, it would seem unfair in a scenario where lets say, they reduce the allowed absences to 180 days in the complete 5 year period at some stage, a migrant who has already had more than 180 days absences over a period of 2 or more years, would never be able to apply for ILR. What do you think?

It is pointless discussing or stressing over something that has not happened, is not in the pipeline to happen and where there has been no indication from HO that is might happen.

I think this scenario is no longer pointless as it happened to my friend's relative. See my post on it here http://www.immigrationboards.com/indefi ... 22067.html

Your friend didn't keep up to date on the changes. The changes your friend claims he knew nothing about were all well published, the absence issue and tier 1 closure.

Please continue in your own post to avoid confusion.

[Kelkay]

CR001, Don't you think you have not responded to anub2016 concern as to the retrospective application of the Immigration Rules?

anub2016 appeared saying that it is unfair for the Home Office to make new Immigration Rules and apply it retrospectively without a transitional rule in place to account for those affected with the new rules. For example if in January 2017 the Home Office brought a new Immigration Rules that the limit of absence from the UK is no longer 180 days but 100 days maximum every year of the five year period before ILR can be considered. What can those who have spent 130 days in a previous year before the new rule superseding the old rule can do?