What is the maximum time you can stay out of the UK?

[billybreezer]

Hi,

Can anyone tell me what is the max time you can stay outside the UK whilst you are on HSMP? And does the Home Office look disapprovingly at it?


Thanks very much.[/list]

[vinny]

See also ILR refusals on ground of absences

[shockboy2000]

one other tidbit...

i'm always going on holidays, and they always ask "how long have you been away for?" when you return.

i asked one immigration officer at the airport why they ask that, and the reply was:

"if you are out of the country for more than 2 months, your hsmp visa will become invalid"

i.e. a 2 month continuous period

so never mind not getting ILR, you wont even have your HSMP

[HSMP2008_JANUARY]

Maximum of 90 days you can be out of UK. But I dont know this 90 days is in on go or maximum of 90 days in total of your 2 year visa.

[ce98118]

Maximum of 90 days you can be out of UK. But I dont know this 90 days is in on go or maximum of 90 days in total of your 2 year visa.

Does this apply for the first entry as well? Where is this 90 day number stated?

[unileeds]

I doubt if the 2month out, and your HSMP visa is invalid, is a rule. Any one else have any clue on this hidden rule!!

[shockboy2000]

it was news to me too, but this immi officer seemed on the ball, i.e. instantly responded that if i wasnt out of the country for 2 months then i'm ok to reenter the UK on hsmp. Happy to take their word for it until proven otherwise, since they're the ones with the power to let us in or not.

It was at East Midlands airport that i asked. If anyone else is travelling in near future...could you ask too and state which airport it was?

Some airports dont always ask..seems to depend on the mood of immi officer and how they "size" you up

thanks

[SYH]

one other tidbit...

i'm always going on holidays, and they always ask "how long have you been away for?" when you return.

i asked one immigration officer at the airport why they ask that, and the reply was:

"if you are out of the country for more than 2 months, your hsmp visa will become invalid"

i.e. a 2 month continuous period

so never mind not getting ILR, you wont even have your HSMP

that's just crap, he was winding you up, it doesnt state that anywhere on the site

[shockboy2000]

winding up, why ? i had already told the immi officer i had been away 10 days only, asked him why they ask how long you've been away for...and got that answer instantly. its hardly something he's going to go down to the pub and joke about later with his mates is it?

like i said...would be nice to get this confirmed (i.e. is it same understanding between all immi officers) since nobody seems to know what the correct answer is in writing.
I'll be listening to the immigration officers advice before trying to argue that some numnut on the net said i can stay out of the uk as long as i like(up to 6 months of course).

just trying to help from my experience, since its related to the original post and *could* affect any hsmp holder.

heck, even if your friends are coming back from a holiday soon, get them to ask.

[SYH]

winding up, why ? i had already told the immi officer i had been away 10 days only, asked him why they ask how long you've been away for...and got that answer instantly. its hardly something he's going to go down to the pub and joke about later with his mates is it?

like i said...would be nice to get this confirmed (i.e. is it same understanding between all immi officers) since nobody seems to know what the correct answer is in writing.
I'll be listening to the immigration officers advice before trying to argue that some numnut on the net said i can stay out of the uk as long as i like(up to 6 months of course).

just trying to help from my experience, since its related to the original post and *could* affect any hsmp holder.

heck, even if your friends are coming back from a holiday soon, get them to ask.

Well bite me. I got ILR on HSMP so perhaps
1. I don't care
2. I have some experience and would know
3. I dont believe all IO since they are only human and
a sometimes they don't remember everything perfectly
b sometimes they are on power trips and like to make people squirm
c sometimes they are don't know and make it up.

[shockboy2000]

well, aren't we an angry one today? wake up on wrong side of bed this morning? calm down ffs

my "experience" im talking about is the conversation with immi officer, i am not claiming to be the expert on hsmp.
the immi officer i chatted to was the friendliest one ive met yet

whilst you might not care, i do because i am on HSMP still, and i am sure others care too if they would be affected.

so try and be civil...

what was your maximum continuous period outside of the UK whilst on HSMP ? assuming it was over 2 months, was it declared to immi officer on re-entry?

thanks

[shockboy2000]

See also ILR refusals on ground of absences

this is relevant to work permits (and others), but not HSMP as requested by OP.
It (AnnexF) mentions up to 3 months away from UK at a time.
Is/was there a seperate Annex for HSMP?

So it also doesnt clear up the "max 2 months out of uk for HSMP" being fact or rubbish.

Need to find guidance for a border agent. i.e. this supposed 2month rule is not relevant to gaining HSMP. And its not relevant to gaining ILR either, if the border agent can refuse entry for being out of the UK for too long on a hsmp visa.

[Spear]

Related to staying out of the UK
If you entered the UK one months after getting EC, would you need to extend your visa again after 4years 11months. The BIA website says you cannot apply for settlement before 28 days to the time your visa expires. Does anyone have that experience ?.
It would be tough to pay to extend Tier1/ HSMP visa for a few days then turn around and apply for settlement.

[billybreezer]

Hi,

Can anyone tell me what is the max time you can stay outside the UK whilst you are on HSMP? And does the Home Office look disapprovingly at it?


Thanks very much.[/list]

tHANKS for your responses guys.
SO basically we arent sure about how long we can stay out for an extended period as well as number of times we can go away within an year for example?
The thing is I want to be able to look for jobs outside the UK as well while Im on HSMP and that was the intent of the question, since my parents pressurizing me to look for a job in Dubai at the same time.

Regards

[kmehta]

I am also looking for reply of this questions as I am not able to find even interview calls from UK recruiters. So even if HSMP holder I would like to try my luck outside UK for sometime. But not sure what happen when I reenter?

[vinay shanthi]

Hi,

Can anyone tell me what is the max time you can stay outside the UK whilst you are on HSMP? And does the Home Office look disapprovingly at it?


Thanks very much.[/list]

Things to watch out for at time of hsmp moving to tier 1 renewals or ILR.

Please note difficulties others have faced regarding visa renewals because of breaks outside uk more than allowed limits.

I am not an expert but deliberately quoting links in this message as people might have objections to lay public like me commenting on these issues. Please remember all of us mentioning stuff like this about visas etc on the forum and do so in good faith just to help other members. I no longer need any visa renewals (provided rules don’t change again). So I don’t gain anything by following this issue. I do so only in the hope that it will help a few members atleast. People who feel such messages don’t help you. Please ignore such messages from me. How ever I am only human and like anyone else bound to make mistakes, so everyone please check with proper authorities before making important decisions. Don’t blame others trying to help if you didn’t do your own homework properly and pay for it later.

Use BIA official phone or email helplines for advice http://www.bia.homeoffice.gov.uk/contact/contactspage/ please confirm all queries with them and have official advice on visa issues rather than regretting following wrong information later.

· Work permits customer contact centre
The customer contact centre can answer general enquiries about work permits, the Seasonal Agricultural Workers Scheme, Tier 1 (General) - highly skilled worker, the Highly Skilled Migrant Programme, Worker Registration Scheme and the Sectors Based Schemes.

Phone: 0114 207 4074

Fax: 0114 207 4000

Email: wpcustomers@ind.homeoffice.gsi.gov.uk

Address: Customer Contact Centre, Border and Immigration Agency, PO Box 3468, Sheffield, S3 8WA

Opening Hours: 0900 to 1700 Monday to Friday

Please remember that there are separate contact numbers for ILR issues and the regular WP # wont be able to help on ILR issues as per my personal experience dealing with them. Even the ILR section was vague on some issues as per my personal experiences dealing with them even after they discussed with supervisors when I had discussed with them regarding breaks outside UK both in writing and over the phone. I have it in writing from home office hsmp section previously that breaks outside UK for 3m will cause problems for future visa renewals and ILR as it will be considered as break in status. I have spent a few hours discussing this issue with home office officials enquiring on this issue earlier either on phone or email with hsmp section UK, workpermits isle of man, work permits Guernsey etc. so if anyone advises to the contrary that having breaks outside the UK longer than 3m is ok then do so at your own peril. I didn’t go to an interview in isle of man (when I was unemployed briefly. There were 2 jobs and only 3 people shortlisted and I felt I had a good chance getting the job as they had called me a couple of times and also made accommodation arrangements for me for interview) based on advice given by home office officials regarding break in resident status causing problems for renewals and ILR.

see examples of where british citizens spouses have been refused ILR and also told to leave UK and refused further visas to UK for long breaks outside UK. This situation would also apply for spouses living outside UK at time of baby delivery etc if staying outside UK for long periods. See examples DON’T SHOOT ME (if u know of exceptions) I AM JUST THE MESSENGER trying to prevent people having problems by flagging up these examples

http://www.immigrationboards.com/viewto ... 9976#79976 example where Indian wife of british citizen went to india for delivery for 5.5months and was refused ILR and also refused further leave to remain in UK and only after many problems and appeals was ILR given later.

http://www.immigrationboards.com/viewto ... c&start=60 see examples of a Chinese lady (similar story as above) on page 4 of the link and also another example about someone having 5.5 months break outside UK being refused ILR also on page 4 of link, see home office reply to query on page 3 of link,

to satisfy time outside UK requirements and also filling in ILR form with exact dates of absences outside UK, if you have lost old passport or don’t remember the exact dates etc then you have option of getting subject data access request to BIA see link for procedures http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary this data can then be used as proof of time outside UK. Hope this helps people not remembering exact dates outside UK. Think this costs 10£ although don’t know if this has been hiked now.

Incase others come across any things that have caused problems to others in visa renewals or ILR or settlement, please let us all know so that others can avoid such situations.

Work permit holders refused ILR for stay exceeding 6m outside UK in 5y. http://www.immigrationboards.com/viewto ... lr+refused

ILR refused for 10y resident rule for 6day gap. See link http://www.immigrationboards.com/viewto ... lr+refused

Student refused ILR on 10y rule based on gaps http://www.immigrationboards.com/viewto ... 71&start=0

Same again http://www.immigrationboards.com/viewto ... lr+refused

ILR and workpermit refused after 4y10m in UK on work permit http://www.immigrationboards.com/viewto ... lr+refused

ILR refused for 3day gap after 5y in UK http://www.immigrationboards.com/viewto ... lr+refused

9 day gap refused ILR http://www.immigrationboards.com/viewto ... lr+refused

Child benefit issues and ILR problems http://www.immigrationboards.com/viewto ... lr+refused

Have a nice day

Vinay Shanthi

Ps: I repeat please use the links given in the message to contact BIA officials for any official advise and then only make important decisions. No important decisions should be made based on any of comments made in any forums including this post.

[shockboy2000]

thats a lot of links, ILR refused on people taking too many holidays on student visas, or having gaps BETWEEN changing visas/work permits...

but anything actually relevant to the original question? i.e. HSMP holder going on holiday for X months and then returning on same non-expired HSMP visa?

[vinay shanthi]

thats a lot of links, ILR refused on people taking too many holidays on student visas, or having gaps BETWEEN changing visas/work permits...

but anything actually relevant to the original question? i.e. HSMP holder going on holiday for X months and then returning on same non-expired HSMP visa?

the rules say 3m max gaps. also total 6m in 5y. for hsmp.

i have quoted my personal example where i had phone discussions with home office hsmp section and also with ILR section. also had email discussions with hsmp section and also workpermits isle of man, work permits guernsey, channel islands etc and end result was that they advised me not to even work in isle of man etc as considered out of status and i have it in writing from home office that will cause problems for hsmp renewal and ILR if breaks more than 3m in one go or 6m in 5y.

by giving the other examples, i was just trying to show that if other categories including WP have had problems for ILR, then very llikely the same will happen to hsmp as well

how ever there is a special provision for hsmp visas issued in isle of man or other islands, where they have the protection offered by the integration of islands act. where in any visas issued in those islands will be considered as issued in uk and they can work in uk or any of the islands and time will be considered for ILR. but hsmp visas issued on the mainland dont have the same protection. by the way isle of man hsmp visas they were issuing for free without any visa charges earlier.

ps: i have a copy of all communications with various depts regarding this issue. i also have a copy of the letter mentioning the integration of islands act 1971.

[vinay shanthi]

how ever ilr section said due discretion will be used in some cases but no guarantees for anyone.

also i do know about people coming back to uk on previously issued valid hsmp visas after 11m break outside uk. re enetry isnt that much of a problem i guess. as to whether they will actually have problems at renewal time. i dont know. best of luck to anyone who wants to have those breaks and try their luck with home office.

[shockboy2000]

thats a lot of links, ILR refused on people taking too many holidays on student visas, or having gaps BETWEEN changing visas/work permits...

but anything actually relevant to the original question? i.e. HSMP holder going on holiday for X months and then returning on same non-expired HSMP visa?

the rules say 3m max gaps. also toal 6m in 5y. for hsmp.

i have quoted my personal example where i had phone discussions with home office hsmp section and also with ILR section. also had email discussions with hsmp section and also workpermits isle of man, work permits guernsey, channel islands etc and end result was that they advised me not to even work in isle of man etc as considered out of status and i have it in writing from home office that will cause problems for hsmp renewal and ILR if breaks more than 3m in one go or 6m in 5y.

by giving the other examples, i was just trying to show that if other categories including WP have had problems for ILR, then very llikely the same will happen to hsmp as well

ok, ta.

which rules say its 3 months max? the HSMP rules or ILR rules with respect to HSMP? do you have the reference, so everyone is clear?

The ILR application form says to include all holidays, including those OVER 3 months. It wasnt until i read that application form that i thought "hmmm, so is over 3 months the naughty amount of time away?"...even though it doesnt actually state more than 3months is instant rejection.
And when the immigration officer at airport told me it was 2 months...i didnt know what to believe.

[billybreezer]

thats a lot of links, ILR refused on people taking too many holidays on student visas, or having gaps BETWEEN changing visas/work permits...

but anything actually relevant to the original question? i.e. HSMP holder going on holiday for X months and then returning on same non-expired HSMP visa?

the rules say 3m max gaps. also total 6m in 5y. for hsmp.

i have quoted my personal example where i had phone discussions with home office hsmp section and also with ILR section. also had email discussions with hsmp section and also workpermits isle of man, work permits guernsey, channel islands etc and end result was that they advised me not to even work in isle of man etc as considered out of status and i have it in writing from home office that will cause problems for hsmp renewal and ILR if breaks more than 3m in one go or 6m in 5y.

by giving the other examples, i was just trying to show that if other categories including WP have had problems for ILR, then very llikely the same will happen to hsmp as well

how ever there is a special provision for hsmp visas issued in isle of man or other islands, where they have the protection offered by the integration of islands act. where in any visas issued in those islands will be considered as issued in uk and they can work in uk or any of the islands and time will be considered for ILR. but hsmp visas issued on the mainland dont have the same protection. by the way isle of man hsmp visas they were issuing for free without any visa charges earlier.

ps: i have a copy of all communications with various depts regarding this issue. i also have a copy of the letter mentioning the integration of islands act 1971.

Fruitful discussion vinay.....gives everyone a feel of Home Office expectation! Thanks for your very detailed response and examples.
Thanks also to all those who contributed to the discussion.

[vinay shanthi]

i have quoted my personal example where i had phone discussions with home office hsmp section and also with ILR section. also had email discussions with hsmp section and also workpermits isle of man, work permits guernsey, channel islands etc and end result was that they advised me not to even work in isle of man etc as considered out of status and i have it in writing from home office that will cause problems for hsmp renewal and ILR if breaks more than 3m in one go or 6m in 5y.

ok, ta.

which rules say its 3 months max? the HSMP rules or ILR rules with respect to HSMP? do you have the reference, so everyone is clear?

The ILR application form says to include all holidays, including those OVER 3 months. It wasnt until i read that application form that i thought "hmmm, so is over 3 months the naughty amount of time away?"...even though it doesnt actually state more than 3months is instant rejection.
And when the immigration officer at airport told me it was 2 months...i didnt know what to believe.

like i said i have it in writing from home office as mentioned in my original post itself. also the same was told to me when i called both ILR and hsmp sections. so i am not goind to waste time trying to find it in the rules. apart from legislation they follow internal policies and case worker guidelines and not all policies are in the public domain as per my understanding which they deliberately keep from the public domain for purported operation security reasons or something like that.
if some one else has the rules they are free to post the link. i am not going to waste more time searching for the rules regarding this, when i said i have it in writing from home office where they mention breaks above 3m will cause problems and also breaks in total more than 6m. but they also say due discretion will be used in assessing the applications as per my discussions with them over phone. hope this helps