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Time spent outside the country

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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djc
Newbie
Posts: 32
Joined: Fri Jun 23, 2006 7:50 am

Time spent outside the country

Post by djc » Thu Oct 28, 2010 9:24 pm

My status as of now is that I am on a tier 1 general visa (issued in dec 2009) due for renewal in april 2013 (my psw was valid till april 2010). I also complete my 10 years of legal, unbroken stay in october 2011. Assuming that we do not get any nasty surprises in july 2011, here is my question

1) I intend to travel the world over 3-4 summer months. As per as my understanding, the 10 year rule requires that you do not spend more than 6 months outside the country at a stretch or a total of 18 months over the period of the 10years. I shall be ok with both but am a bit worried about the fact that tier 1 general stipulates that no more than 90 days are spent outside the country per year. Considering that I shall try to get my ILR trough the 10 yr route, would this be an infringement of the tier 1 general stipulations, hence disqualifying myself from getting IL?r???

2) If for whatever reasons i do not get the ilr on the basis of the 10 yr rule, would this be a major problem while trying to get an extension of my Tier 1 general visa? Are they usually very particular about the time spent outside the country?

Kind Regards

Dev

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Oct 29, 2010 1:47 pm

When you apply for settlement, the rules applicable for the category under which one applies come into play. Apply under 10 years long residence category, rules applicable for the stated category will influence your application, not the Tier 1 / PBS rules. And vice versa.

There is no restriction on absences from the UK for extension applications under PBS.



regards

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