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ILR - How many days out of UK in 5 years?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vin2010
Newly Registered
Posts: 6
Joined: Sun Dec 27, 2009 10:31 pm

ILR - How many days out of UK in 5 years?

Post by vin2010 » Tue May 18, 2010 2:12 pm

Hello guys

I will be completing my 5 years in UK (initially WP, later HSMP/Tier 1 visa) in Aug 2010. Just want to find out what is the permissible number of days you can be outside UK? I have been told it should not be more than 180 days for the 5 yr period...is that correct? Also how strictly is this rule applied? What proof is required? Do they go by the stamps in the passport or do we need to prove it by any other way? Also does this rule apply for just the main applicant or for my wife as well?

I have travelled for around 190 days for personal and business trips outside the UK (personal around 130 days and business around 60 days). Would this have an adverse impact on my application?

I have also seen on some discussions here on this board that business travel can be discounted if we get a letter from the employer. I am sure I will get a letter from my current employer (around 6 days business travel) not sure if the previous employers would help to give that letter...what are my options in that case?

Thanks much for your help...looking to understand what my options are and what i need to do in the next 2-3 months to prepare my application.

cheers
vin2010

shs213
Member
Posts: 225
Joined: Tue Apr 28, 2009 10:19 pm

Re: ILR - How many days out of UK in 5 years?

Post by shs213 » Tue May 18, 2010 2:17 pm

vin2010 wrote:Hello guys

I will be completing my 5 years in UK (initially WP, later HSMP/Tier 1 visa) in Aug 2010. Just want to find out what is the permissible number of days you can be outside UK? I have been told it should not be more than 180 days for the 5 yr period...is that correct? Also how strictly is this rule applied? What proof is required? Do they go by the stamps in the passport or do we need to prove it by any other way? Also does this rule apply for just the main applicant or for my wife as well?

I have travelled for around 190 days for personal and business trips outside the UK (personal around 130 days and business around 60 days). Would this have an adverse impact on my application?

I have also seen on some discussions here on this board that business travel can be discounted if we get a letter from the employer. I am sure I will get a letter from my current employer (around 6 days business travel) not sure if the previous employers would help to give that letter...what are my options in that case?

Thanks much for your help...looking to understand what my options are and what i need to do in the next 2-3 months to prepare my application.

cheers
vin2010
this question has been answered many a times here... browse the forum you will find the answrs...

YOu will be better off by applying face to face, so you can explain your reasons... However, i dont see why your application would be refused for overstaying 4 days above the 180 days...

senthil78
Member of Standing
Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Re: ILR - How many days out of UK in 5 years?

Post by senthil78 » Tue May 18, 2010 6:40 pm

vin2010 wrote:Hello guys

I will be completing my 5 years in UK (initially WP, later HSMP/Tier 1 visa) in Aug 2010. Just want to find out what is the permissible number of days you can be outside UK? I have been told it should not be more than 180 days for the 5 yr period...is that correct? Also how strictly is this rule applied? What proof is required? Do they go by the stamps in the passport or do we need to prove it by any other way? Also does this rule apply for just the main applicant or for my wife as well?

I have travelled for around 190 days for personal and business trips outside the UK (personal around 130 days and business around 60 days). Would this have an adverse impact on my application?

I have also seen on some discussions here on this board that business travel can be discounted if we get a letter from the employer. I am sure I will get a letter from my current employer (around 6 days business travel) not sure if the previous employers would help to give that letter...what are my options in that case?

Thanks much for your help...looking to understand what my options are and what i need to do in the next 2-3 months to prepare my application.

cheers
vin2010
You can exclude your departure and arrival date from your absence. You can exclude your business trip only by providing letter from your employer. Stamps in the passport is sufficient to prove your absences. The absence limit is not applicable to the dependant.

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Tue May 18, 2010 11:10 pm

Hi vin2010,
You need to list your absences in the form. In a separate sheet calculate the days out of UK, discounting days of travel. The total should be less than 180 days, I would imagine a few days in excess doesnt really matter. You can exclude business trips if you have an employer letter.My absences were 172- personal, 19-for studies/conferences, I was not asked anything about this, nor did the case worker/application screening person cross match anything, at least not in front of me.
Hopefully you wont have any problems with this.
best regards

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