Time spent outside UK while on HSMP/T-1 & impact on FLR/

[push]

Before anyone pounces on this poor soul and shouts that I should use the search tool on the forum, can I just admit that I am being a bit (?) lazy on this Saturday morning to do so. so here is the question:

Can someone tell me if there are any restrictions on/impact of being outside UK for say personal reasons/ holidays etc. for a specified number of days? I mean for how many days can one be away (at a stretch and in total) before he would fail to qualify for a FLR and subsequently ILR?

I did a search on BIA website some time back while answering to a query from another member and actually came up with an answer. Dont know where is that information on the BIA website now??

please help.

kind regards,

push_hsmp

[push]

Anyone ??

[Belchonok]

I heard that the maximum number of days you can be outside of the UK while on HSMP/T-1 status is 180 days out of 5 years, and this is relevant when you apply for ILR. If you've been outside more days, your application for ILR might get refused.

[push]

I heard that the maximum number of days you can be outside of the UK while on HSMP/T-1 status is 180 days out of 5 years, and this is relevant when you apply for ILR. If you've been outside more days, your application for ILR might get refused.

Can you pint me to any web page/ forum discussion in this regard please?

regards,

push_hsmp

[Belchonok]

I read it on a forum - the info was from an immigration lawyer. But it was on the Russian-language forum, so I guess it wouldn't be too helpful to you sorry

[push]

I read it on a forum - the info was from an immigration lawyer. But it was on the Russian-language forum, so I guess it wouldn't be too helpful to you sorry

Ok thanks

[geriatrix]

In addition to the 180 day condition, you also cannot spend more than 90 days outside UK at a time. So in effect, not more than 180 days in 5 years and not more than 90 days at a time.

All absences outside UK (even if more than 90 days) on business assignments / business trips etc. will not considered as a break in residency if a letter from the employer can be provided confirming the purpose of any / all such trips.

regards

[Belchonok]

All absences outside UK (even if more than 90 days) on business assignments / business trips etc. will not considered as a break in residency if a letter from the employer can be provided confirming the purpose of any / all such trips.

Could you please give a link confirming this? Cause I heard an opposite opinion. Would be great to confirm that the letter froman employer would do in this case. Thx.

[push]

In addition to the 180 day condition, you also cannot spend more than 90 days outside UK at a time. So in effect, not more than 180 days in 5 years and not more than 90 days at a time.

All absences outside UK (even if more than 90 days) on business assignments / business trips etc. will not considered as a break in residency if a letter from the employer can be provided confirming the purpose of any / all such trips.

regards

Thanks. Can you direct me to a web page (non-Russian ) in this regard please?

Kind regards,

push_hsmp

[push]

Additionally, we are talking just about ILR here. What about FLR?

[geriatrix]

Oops! Read "time spent outside UK" in the subject line and assumed you were asking in relation to ILR.

Well, as far as FLR is concerned, as long as you meet the qualifying criteria for extension, I do not think you need to worry about period spent outside UK. AFAIK, immigration rules do not prescribe a time restriction on "break in residency" for FLRs.

With regards to ILR, the following is a response from BIA on a query regarding qualifying period and absences - "The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all". Picked up from this post.

A letter from employer ensures that any period spent outside UK on official assignment will not be considered as break in residency. Not sure if it is explicitly written down somewhere, but almost all my friends who collect frequent flyer like a favorite passtime (lucky buggers) supported their ILR application with such references from the employer(s) and no one has been refused ILR. So I believe this works. The bigger issue (usually) is to get the employer(s) issue you such letter(s).

You might find this useful for ILR (though it is a bit outdated).

Hope this helps.

regards

[push]

Thats wonderful. Thanks so much for your help.

Kind regards,

push_hsmp