How long can be away?

[smas4er]

Hi

I am currently on Tier 1 General visa. I will be eligible to apply for ILR in August 2013. For how long can I be out of the country in a year for holidays to remain elegible for ILR? What about my dependants - will the same rule apply to them?
Will appreciate your help.
Regards

[Lucapooka]

Felix (who I suspect is here only to post spam) is citing the guidelines for naturalization and these are not relevant for ILR. You can read the requirements for settlement in a Tier 1 category here in Annex B.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[pied_piper]

Requirements are different for main and dependent applicant:

Main applicant
=========
No more than 180 days in total in five years befoere ILR is applied for (with a limit of maximum 90 days in a given year).

paid leave, leave in connection with business, weekends, day of outward travel, day of rerturn travel are excluded while calculating the absence days but this is on the discretion of the case worker, I guess.

Dependent applicant
=============
There is no condition applied on the dependent applicants. Although you need to provide cohabitation proof upto a maximum of two years since your last entry clearance when you would apply for ILR.

I hope the seniour members will correct me if I am wrong.

[xyz123]

try to keep ur absences below total 180 in 5 years and not more than 90 days in a single trip.

[xyz123]

Requirements are different for main and dependent applicant:

Main applicant
=========
No more than 180 days in total in five years befoere ILR is applied for (with a limit of maximum 90 days in a given year).

First part of total 180 is correct, but there is no limit per year. Limit of 90 days is per trip and not per year.

[smas4er]

Hi Thanks a lot for this.
What will be the cohabitation proof? My wife applied with me as dependant on my initial application and has applied again as dependent on my extension. Will not the same documents work for ILR as used for Tier 1 extension. Do I need any thing else?
Regards

[Lucapooka]

Section 10 of the application form ask for letters and documents spread over a two year period and citing a common address.

If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse