This is marked "Not disclosed" on the IND website, but I sent an email asking for it under the Freedom of Information Act 2000.
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IMMIGRATION DIRECTORATES' INSTRUCTIONS
CHAPTER 5 > ANNEX F
SECTION 1
EMPLOYMENT, BUSINESS OR INVESTMENT
SETTLEMENT - GUIDANCE - GENERAL
1. INTRODUCTION
Under various paragraphs of HC 395 settlement may be granted to those who have spent 4 years here in certain categories, but only if it has been specifically applied for. This arrangement is also extended to those who have remained here exceptionally outside the rules in permit-free employment for 4 years.
The advice in this annex should be read in conjunction with the section of these instructions relevant to the category in which indefinite leave is being sought.
2. CATEGORIES TO WHICH THIS GUIDANCE APPLIES
2.1. Under part 5 of the rules
Work permit holders (Paragraph 134)
Representatives of overseas newspapers etc. (Paragraph 142)
Sole Representatives (Paragraph 150)
Private Servants in diplomatic households (Paragraph 158)
Employees of overseas governments (except those exempt from control) or the United
Nations or other international organisation of which the United Kingdom is a member (Paragraph 167)
Ministers of religion, missionaries or member of religious orders (Paragraph 176)
Airport based operational staff of overseas owned airlines (Paragraph 184)
Commonwealth citizens with United Kingdom ancestry (Paragraph 192)
2.2. Under part 6 of the rules
Businessmen (Paragraph 209)
Businessmen under provision of EC Association Agreements (Paragraph 222)
Investors (Paragraph 230)
Writers, composers and artists (Paragraph 238)
2.3. Under part 7 of the rules
Retired persons of independent means (Paragraph 269)
2.4. Exceptionally outside the rules
Domestic servants accompanying employer
Employees of a government sponsored press, trade, tourist or cultural organisation
Civilian employees of and employees of firms under contract to NATO forces
Other, smaller-scale concessionary arrangements permitting full time employment for four years.
3. CALCULATION OF THE FOUR YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 4 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.
3.1. Discretion in cases where continuous residence has been broken
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 in paragraph 3 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.
NB: Decisions in such cases must be taken at HEO level or above.
In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.
3.2. Retired persons of independent means
Cases involving retired persons of independent means are less straightforward since they have no business or employment to tie them to the United Kingdom. Absences abroad consistent with holidays retired or wealthy people may take are acceptable provided it is clear that the applicant is not maintaining a business or a main base in another country. In such cases settlement can be granted in the normal way after a period of 4 years.
4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY OF RESIDENCE HAVE BEEN MET
Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave to remain and not granted a further extension of stay.
Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period.
5. REFUSAL ON OTHER GROUNDS
In other cases where an application for settlement is to be refused, the settlement group should refer the case back to the caseworking group, who should consider whether an application for further limited leave to remain would succeed under the relevant paragraph of the Rules. If so the applicant should be granted an extension for the period of approved employment, not exceeding 3 years, on the same Code as before. Where the relevant requirements of the Rules are not met, the application should be refused.
6. APPLICANTS WHO QUALIFY BUT DO NOT REQUEST SETTLEMENT
In cases where settlement is not requested, further leave to remain should be granted up to a maximum of 3 years on Code 1 provided the relevant requirements of the Rules for the immediate grant of settlement are met. Where the requirements for settlement are not met the application must be considered against the requirements of the Rules for further limited leave to remain.
6.1. Further applications after 3 years
A person who has qualified and continues to qualify under the Rules for settlement but has not previously applied for it may be granted settlement, on application, or up to 5 years' further leave to remain on Code 1 provided there has been no single break in residence of more than 6 months. In the case of an absence from the United Kingdom of over 6 months but under 2 years the application should not be refused but referred to an SEO or Grade 7.
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But, in Annex F of Chapter 5, it seems the absence should not exceed 6 months in total 4 years. Did I get it right? Or maybe it means "6 months per year", which is in line with the rules for citizenship: 900 days/5 years.