allowed days of absent from UK

pcb_in · Post by **pcb_in** » Fri Jul 24, 2009 8:12 am

Hi All,
Please excuse me if the issue is addressed before and please give me pointer to that.
I got a reply from HM office regarding allowable days of absent.
"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."
I understood from it that even absent of 90 days twice and total 180 days in a year should be fine provided there should not be other absence with in 5 year.
My Question: When I was going through the year 2009 bill, I could find two places that the absent should not be more than 90 days in a qualifying year.
So does this mean the one should not be absent more than 90 days in any year during 5 years of qualifying period to qualify for ILR?
Please reply urgent because I need to take decision to leave another country for UK based on your feedback and actual rule.
Thanks for your suggestion.
Best Regards
PC

Sushil-ACCA · Post by **Sushil-ACCA** » Fri Jul 24, 2009 10:40 am

this is really burning question for me also but not many r experienced for this

hert · Post by **hert** » Fri Jul 24, 2009 11:24 am

pcb_in
The reply from HO is quite clear- no absence of more than 3months in each year and max 180 days absence is allowed in 5 yrs.
What's difficulty in understanding this?
There are lots of thread in this forum with experience from different members, if you want to look at specific experience.

pcb_in · Post by **pcb_in** » Fri Jul 24, 2009 2:51 pm

Hi Mr Hert and Mr. Sushil,
Thank you very much for your reply.
Mr. Sushil if I am not wrong the HO reply says 90 days at a time not in a year so the confusion is that if a person is absent less than 90 days at a time but less than 180 days in a year is fine or not.
If 180 days is OK in a year in a step of 90 days then it contardict with the cluase mentioned in new citizenship bill 2009.
Please correct me if I am wrong.
Best Regards
PC

Post by **batleykhan** » Fri Jul 24, 2009 5:29 pm

Are you talking about absence from the UK when you are applying for ILR or British nationality?.

There is a significant difference depending on what you apply for

f2k · Post by **f2k** » Fri Jul 24, 2009 6:21 pm

Also when are you due to apply for either ILR or naturalisation.

Salina · Post by **Salina** » Fri Jul 24, 2009 8:07 pm

pcb_in wrote:Hi Mr Hert and Mr. Sushil,
Thank you very much for your reply.
Mr. Sushil if I am not wrong the HO reply says 90 days at a time not in a year so the confusion is that if a person is absent less than 90 days at a time but less than 180 days in a year is fine or not.
If 180 days is OK in a year in a step of 90 days then it contardict with the cluase mentioned in new citizenship bill 2009.
Please correct me if I am wrong.
Best Regards
PC

90 days at a time.
180 days max(excluding weekends and bank holidays) in the period of 5 years.
There is no specific point which say about a single year from the home office.
I hope this helps.

Post by **batleykhan** » Fri Jul 24, 2009 8:49 pm

Does this help

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

* have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
* have been present in the United Kingdom three years before the date of your application; and
* have not spent more than 270 days outside the United Kingdom during the three-year period; and
* have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
* have not been in breach of the immigration rules at any stage during the three-year period.

global gypsy · Post by **global gypsy** » Fri Jul 24, 2009 11:06 pm

Please don't confuse things by posting irrelevant information. The original poster was referring to requirements for ILR application:

So does this mean the one should not be absent more than 90 days in any year during 5 years of qualifying period to qualify for ILR?

The requirements are:
a) no more than 45 days per year for the qualifying period - and
b) no more than 90 days at one stretch during the qualifying period

So if you are applying under the regular 5-year period requirements, then point a) will translate to max 225 days for the last 5 years. If you are applying under the HSMP-JR category, then it will translate to max 180 days.
Requirement b) remains the same for both categories.

Hope that's clear.

The requirements for naturalisation are very different from those for ILR.

pcb_in · Post by **pcb_in** » Sat Jul 25, 2009 3:24 am

Hi All,
Thank you very much for your valuable answer. Now I am clear that for ILR 180 days (in case of JR) and 225 days normal absence is OK provided one stretch does not exeed 90 days.
Answer to F2K, I am due to apply for ILR in Feb.2011.
Thanks again to every one specially Global Gypsy and Salina for help.
Best Regards.
PC

nischerry · Post by **nischerry** » Wed Jul 29, 2009 1:08 pm

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009.

I travelled to india on 30 June 2007 official trip and landed back on 30th sep 2008.

MY total absense after getting hsmp was

from 30th June 2007(travel date) to 30th Sep 200(travel date) i.e total 91 days in that year 2007.

Please let me know whether i will be eligible to apply for ILR ?

global gypsy · Post by **global gypsy** » Wed Jul 29, 2009 1:41 pm

travelled to india on 30 June 2007 official trip and landed back on 30th sep 2008.

Assume you meant 'back on 30th sep 2007? If it's 2008, then that's a definite break!

30-Jun-08 to 30-Sep-08 adds up to only 65 days away, based on my calculation. You can exclude weekends and any public holidays during this period. So you should be ok.

Do make sure you include a separate spreadsheet showing the dates in/out and the calculated no. of days.

All the best.

nischerry · Post by **nischerry** » Wed Jul 29, 2009 2:05 pm

thanks global gypsy.

i had written it wrongly please see the correct dates

I travelled to india on 30 June 2007 official trip and landed back on 30th sep 2007.

MY total absense after getting hsmp was from 30th June 2007(travel date) to 30th Sep 2007(travel date) i.e total 91 days in that year 2007.

Please let me know whether i will be eligible to apply for ILR ?

pcb_in · Post by **pcb_in** » Wed Jul 29, 2009 2:20 pm

Hi Nischerry,
As of the policy document and the reply I got from HO, the business trip and paid holiday don't count towards your absence from UK. So your absence will not be counted as absent from UK due to business trip.
Best Regards
PC

nischerry · Post by **nischerry** » Wed Jul 29, 2009 2:28 pm

As iam a indian resource working onsite and went on office work to india, I was not paid any salary for this 3 months in UK, will i be still eligible.

As global gypsy has mentioned if the out of stay UK is for 91 days continuously for a year we can exclude weekends and public holidays?

By excluding weekends and public holidays in this continuous out of stay will make any difference and this 91 days total and can be reduced?

pcb_in · Post by **pcb_in** » Wed Jul 29, 2009 3:11 pm

Hi,
If you are not paid in UK then its not business trip from UK point of view?
I have not seen in policy document abt the weekend and public holiday discounting, but I have read some post from people who has applied and got ILR with similar kind of info.
Best Regards
PC

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allowed days of absent from UK

allowed days of absent from UK