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Time allowed outside of UK for ILR application

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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kiwi-Q
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Posts: 1
Joined: Sun May 30, 2010 5:31 pm

Time allowed outside of UK for ILR application

Post by kiwi-Q » Sun May 30, 2010 5:43 pm

Hi everyone,

This is probably a common question, but I haven't been able to get clarity on it after a few hours of researching the home office site/guidelines and this forum.

I'm on UK-Ancestry and want to apply for ILR after I reach the 5year qualifying period. Three questions:

1. How many days am I allowed outside of the UK in the 5 year qualifying period total?

2. How many days am I allowed outside of the UK in the last 12 months of the qualifying period?

3. Is time spent outside the UK on business trips counted or exempt?

Some of the forum posts reference a 180/90 rule: no more than 180 days over the 5year period, and no more than 90 days in the final 12months. But I cannot see that referenced anywhere on the HO site or in their SET (O) guidelines. Does anyone have an idea where that is referenced?

An interesting perspective on this site: http://firstmigration.com/visas/uk/inde ... remain-ilr

Anything more concrete/official would be greatly appreciated!

Thanks

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

Post by gidoc » Mon May 31, 2010 1:10 am

>>some of the forum posts reference a 180/90 rule: no more than 180 days over the 5year period, and no more than 90 days in the final 12months. But I cannot see that referenced anywhere on the HO site or in their SET (O) guidelines. Does anyone have an idea where that is referenced?>>

180/90 day rule is correct, 90 days in final year may not be right, they usually consider a total in 5 yrs, referenced in an old case worker guidance manual; use search you should be able to find it,a current one is unwritten yet.

This is what case workers follow, just be sure you count it right and produce evidence of business trips if you want them discounted.

Best wishes

rambobambo
Newly Registered
Posts: 15
Joined: Mon May 03, 2010 7:17 pm

Post by rambobambo » Mon May 31, 2010 10:25 pm

gidoc wrote:>>some of the forum posts reference a 180/90 rule: no more than 180 days over the 5year period, and no more than 90 days in the final 12months. But I cannot see that referenced anywhere on the HO site or in their SET (O) guidelines. Does anyone have an idea where that is referenced?>>

180/90 day rule is correct, 90 days in final year may not be right, they usually consider a total in 5 yrs, referenced in an old case worker guidance manual; use search you should be able to find it,a current one is unwritten yet.

This is what case workers follow, just be sure you count it right and produce evidence of business trips if you want them discounted.

Best wishes
Can you pls provide direct link to the information that you have provided , thanks

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

Post by gidoc » Mon May 31, 2010 11:32 pm

Please search this forum, this has been discussed many times, you wont see it written down on any current documents on UKBA site but its now almost an unwritten norm.
best wishes

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