ILR - What is 5 year "continuous" stay?

[Ramit]

To my understanding qualifying period for ILR for work permit holders is 5 years, and we are permitted short absences abroad provided that these absences do not exceed 3 months duration in any given year, and they do not amount to more than 6 months in all.

If I am on holiday for 8 months in total in these 5 years (absence does not exceed 3 months in total in a year) would that mean that I have broken the "5 year continuity" in UK and my ILR will depend purely on my luck or discretion of the case worker?

Looking for an answer so I can make travel arrangements accordingly!

[vinny]

See also ILR guidance - Annex F and Counting days for ILR

[Ramit]

Thank you Vinny. That means I pretty much have to make sure I do no exceed 6 months of absence outside UK in these 5 years.

[PaulM]

Hi,

When I raised this issue last year someone answered by saying that it was 3 months per year and then no more than 60 days in year 5....So that would be a max of 420 days......Whats the definitive answer?

Regards

Paul

[Ramit]

Hi Paul,

No I think that is not true. From what I have gathered you are allowed no more than 3 months in any given year and then 6 months in total in the whole of 5 years. So basically you are only allowed to take the annual paid leave you get every year from your company.

I know a lot of people are saying a lot of different things on this forum but this is what the guidance notes for ILR say.

[boonworkpermit]

Does anyone know what was the allowed time outside the Uk before
they extended the ILR qualifying time from 4 years to 5 years?

I remember vaguely that the 6 month period has remained the same, which is
not fair... I'm pushing my 6 months limit now and
probably can't take any more holiday outside the UK!

[Ramit]

I wrote to the home office about this and this is the reply I got:

I wrote:
Hello,

Prior to March 2006 when the qualifying period for ILR for work permit holders was 4 years, they were permitted short absences abroad provided that these absences did not exceed 3 months duration, and they did not amount to more than 6 months in all. In light of the recent increase in the qualifying period for ILR for Work Permit holders from 4 to 5 years, what is the total duration of absences abroad that are now allowed in this 5 year qualifying period?

Regards,
Ramit.

They wrote:
Dear Sir/Madam,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of Work Permit Employment / the Highly Skilled Migrant Programme is that the applicant has spent a continuous period of 5 years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

Yours faithfully,
Amrit Haria
Managed Migration
Border & Immigration Agency

[sunny9675]

thanks ramit

i have worked 540 days out of country and paid in UK barclays a/c after ni and tax (paye)

I AM GREATLY relieved

regards

[SYH]

thanks ramit

i have worked 540 days out of country and paid in UK barclays a/c after ni and tax (paye)

I AM GREATLY relieved

regards

Why are you relieved, you are not home free

[IMMIGRATION LAWYER]

It must not exceed 180 days in 5 years. When it is close to those 180 days, they ask for a seperate letter from the client's employer, confirming that the absences were in line with the annual leave and company's business.

I often attend the Home Office on behalf of my clients.

The caseworkers do count the days spent outside of the UK.

So far the rule has not changed.