Absences from UK when applying for ILR

[gidoc]

Hi all,
I have briefly researched this and have the following observations to make, please update/correct if anyone has access to different information.

1.In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, 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 he has clearly continued to be based here.
This means you will not be penalised for holidays when on AL or on business trips.

2. In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

3.However, as any decision to allow absences requires the use of
discretion, it is the individual circumstances of the application that
will determine whether it is appropriate to allow the absences involved.

4.Any single absence may not exceed 3 months, unless there is a genuine explantion, refer to 3 above.

5.There is no set maximum number of days permitted. Each application
should be assessed in line with the guidance

6.The level of absences may
mean that an application cannot be resolved in the PEO and would
therefore be extended in to the normal caseworking teams.

7. In calculation absences: In general the day on which an individual departed and the date that
they returned would be excluded from any calculation of absences, as the
calculation should be of whole days.

In summary this means
A. Single absence should not be greater than 3 months but if it is backed by a genuine explanation, it will be at the discretion of the case worker. So also will be the case, if the number of absences are high, no set time given but should be under 6 months in general.
B. Brief absences, for personal and business reasons, when otherwise legal residence is maintained are of no consequence. It will be best to fill out everything in the form and have back up ready for any long trips, personal or business( 31-89 days). In UK, for AL purpose and also for home/travel insurance an under 30 day guideline is used, for a reasonable/brief/valid absence.

Hope this is helpful for all , as this is a common theme in a lot of queries. Any input from experienced members is highly appreciated.

best regards

[zhinaberry]

I understand that one has to be in the UK for at least 2 years before applying for ILR

In my case, I hold a UK spouse visa with 2 years validity, and an italian residence card. I go back and forth to the UK and Italy on a regular basis due to my husbands work which is located in Italy so we both end up staying and living out of the UK for about 9 months of the year in total.

If we have been married for 4 years, am i still not eligible to apply for ILR? Is it possible to just keep extending and extending my UK temporary spouse residence visa indefinitely if I don't meet the 2 year requirement?