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Official Trips are ok as far as the current rules are concerned (that too for WP ILR- there is no word on Tier-1, although I am assuming it would be no different from that for WP)rzlaks wrote:I am currently on an HSMP and my job requires me to travel abroad for work.
Can someone please advise as to how many days can I remain out of the country in order to be successful with my ILR application?
All my international travel is for business purposes.
Will the Home office count these days as absent as well?
I've read accounts where people got ILR and the employer letter confirming business trips was sufficient. But because there is no written rule, those may have been at the caseworker's discretion. So you may be lucky or not. If I were you, I would stay under 180 days as much as possible.rzlaks wrote:Dear Push,
Thanks for the prompt reply, the solicitor who represented my initial application for HSMP says that although it is not a rule, absence over 180 days is always an issue and even an appeal on such grounds generally fail.
He says its irrespective if the trips were for Business or personal purpose.
I hope he is wrong.
I have seen the form and the guidance notes, No information about absence days is mentioned on it.
I have all the letters from my employment that says the trips were official undertaken on behalf of my company.
Will that be sufficient?
I dont think so. What rule everyone is talking about? Can we have a link to the webpage please?tharthar wrote:Dear all,
Thanks for all the useful information regarding the qualifying period...
I already broke the continuous residence rule by travelling outside Uk for 119 days in total last year because of my business trip..
Could it be concern for my extension in next year and also for my ILR...
Thanks in advance..
It won't affect your extension, it's not one of the conditions.tharthar wrote:Dear all,
Thanks for all the useful information regarding the qualifying period...
I already broke the continuous residence rule by travelling outside Uk for 119 days in total last year because of my business trip..
Could it be concern for my extension in next year and also for my ILR...
Thanks in advance..
The 180 days refers to 4 years worth of absences, not 1. This works out as 45 days per year. With the move to 5 years for ILR, apparently they are now unofficially allowing 225 days (or 235 days) out of the UK in total over the 5 years.dahokolomoki wrote:The guidance is very misleading and unclear, and it seems to be at the Home Office discretion. Basically if they "feel" that the UK doesn't seem like a proper primary residence for you, then they will reject your application. It is quite hard to argue if you are spending more than 180 days a year outside the UK, even 150 will be a tough sell.
See this:winber wrote:It is a pity that they are now saying there is a 6 months allowance of absences over 5 years, since before it used to be 6 months over 4 years.
The whole statement still is very vague:
* It doesn't say exactly how to count an absence
* The way I prefer to read it, is that all absence days due to annual leave are disregarded. On top of that you have a 6 month allowance I'm not sure if that is what they meant, but it is quite easy to interpret it that way.
This is obviously over and above the normal annual leave entitlementAnnex A – Calculation of the five year period for settlementIn assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.