ILR - Time Allowed outside of the UK

[Phil_C]

Hi All,

Can someone advise how long you are allowed to be outside of the UK 12 / 24 months before your ILR application?

My fiancé has been in UK for 5 years, ILR application to be made in spring 2010 BUT she is planning a 2 month trip back to her home country from July - September and has already been outside of the country for 14 days so far this year which will mean she will have been outside of the UK for approximately 75 days in the 12 months before the application. Will this cause a problem? Can anyone advise? Thanks.

P.S. I’ve checked with the Home Office website and it seems very ambiguous..…

[nksg]

As per the guidance notes SETO you are allowed out of country max of 90 days in a stretch and 180 days in total (5 years).

Looking at what you just said it should not be a issue for yr parther if her stay is 2 months.

[Phil_C]

Hi,

Thanks for the reply and the information - could you advise where you found these guidelines? Do you have a link?

That's good to know regarding an allowance of 90 days 12 months prior to application (that should be ok then) BUT she will easily have exceeded 180 days over 5 years.

Are you sure it's 180 days over 5 years? Can anyone confirm?

[global gypsy]

This question has been raised quite a few times here.
It's 45 days on average per year. During the days when you needed to complete 4 years to be eligible for an ILR, that worked out to a max of 180 days over 4 years.
Now that the requirement has been increased to 5 years (with the exception of the HSMP JR scenario), the max no. of days is 225.

Also please note that weekends and public holidays are discounted when calculating the number of days away.

Hope that's clear.

[krishna186]

This question has been raised quite a few times here.
It's 45 days on average per year. During the days when you needed to complete 4 years to be eligible for an ILR, that worked out to a max of 180 days over 4 years.
Now that the requirement has been increased to 5 years (with the exception of the HSMP JR scenario), the max no. of days is 225.

Also please note that weekends and public holidays are discounted when calculating the number of days away.

Hope that's clear.

Does this apply to 10 year long residence ( weekends and public holidays not counted ) i the 450 days you are allowed to be outside the country and no more than 180 days in one go ??

[adnantps]

As per the guidance notes SETO you are allowed out of country max of 90 days in a stretch and 180 days in total (5 years).

Looking at what you just said it should not be a issue for yr parther if her stay is 2 months.

Which guidance is this? can u send me the link. Teh SET(O) doesnt mention this Guide SET(O) - version 05/2009

[kiwi_in_the_uk]

Also please note that weekends and public holidays are discounted when calculating the number of days away.

Can you clarify where the HO has stated this?

[f2k]

Hi All,

Can someone advise how long you are allowed to be outside of the UK 12 / 24 months before your ILR application?

My fiancé has been in UK for 5 years, ILR application to be made in spring 2010 BUT she is planning a 2 month trip back to her home country from July - September and has already been outside of the country for 14 days so far this year which will mean she will have been outside of the UK for approximately 75 days in the 12 months before the application. Will this cause a problem? Can anyone advise? Thanks.

P.S. I’ve checked with the Home Office website and it seems very ambiguous..…

What permission is she currently on at the moment? WP, HSMP, TIER1, Spouse of BC or someone settled? dependent?

[global gypsy]

Also please note that weekends and public holidays are discounted when calculating the number of days away.

Can you clarify where the HO has stated this?

Kiwi - I remember reading this somewhere, both here and on the UKBA site. Must admit where though, the HO site is a nightmare ploughing thru.
I am planning to do a bit of search over the weekend and print out all the relevant documents, just so that I can show them to the caseworker just in case there is an issue.
Ah, talking about caseworker, I believe there are these caseworker instructions documents somewhere on the UKBA site. Some of the gurus here may be able to retrieve them for you. Vinny?

Maybe a very good idea to have a sticky thread where this info is kept.
Talking about sticky threads, perhaps this is a good time to clean up some of the old ones? Admins, please help!

[nksg]

Not able to find it now.. but i am sure i have read it on the SET O possibly some time in Jan/feb 09.

http://www.entryclearanceservices.com/i ... eLeave.php

I know this as i have been a victim of this rule as i have 94 days gap out of country. So will have to wait for 11 more months for ILR. Other wise i was eligible in April 2009.

As per the guidance notes SETO you are allowed out of country max of 90 days in a stretch and 180 days in total (5 years).

Looking at what you just said it should not be a issue for yr parther if her stay is 2 months.

Which guidance is this? can u send me the link. Teh SET(O) doesnt mention this Guide SET(O) - version 05/2009

[republique]

Also please note that weekends and public holidays are discounted when calculating the number of days away.

Hope that's clear.

Not really, it can be disregarded if they choose to so you should not rely on it.