Time away from UK while on maternity leave - ILR aspect

[captain74]

Hi

If a WP holder stays out of UK for more than a month (say, 3 months) at a strech while on maternity leave, what efect does it have on the time accumulation for ILR?

Thanks

[captain74]

C'mon people - surely someone else out there has faced a similar question and found some answer!

[captain74]

Anybody?

Please share your knowledge!

[Chess]

Hi

If a WP holder stays out of UK for more than a month (say, 3 months) at a strech while on maternity leave, what efect does it have on the time accumulation for ILR?

Thanks

No effect

[captain74]

Thank you Chess.

Is there any time limit at all (or is it a myth?!) to the total time you may spend outside UK or the maximum time you may spend outside UK at a strech within the five years you need in UK to apply for ILR?

[Chess]

Thank you Chess.

Is there any time limit at all (or is it a myth?!) to the total time you may spend outside UK or the maximum time you may spend outside UK at a strech within the five years you need in UK to apply for ILR?

i think up to 180 days but then not more than 3months for naturalisation - check out the IND website and do some legwork

[captain74]

check out the IND website and do some legwork

Point well made Chess

Somehow, hearing stuff from experienced people is more comforting than reading it on impersonal websites though.

Thanks

[paulprakash]

I HAVE BEEN STAYING IN UK /WORKING SINCE 0CT 1997
> I HAVE NEVER BEEN MORE THAN 1 MONTH IN A YEAR OUT OF
UK SO FAR
> I HAVE RECIEVED A JOB OFFER FROM JERSEY FOR 6 MONTHS
> AND I INTEND TO TAKE IT AS LONG AS IT DOES NOT
> AFFECT
> MY ELIGIBILITY TO APPLY FOR ILR.JERSEY EMPLOYER SAYS
> I
> NEED TO TAKE THEIR WORK PERMIT FOR 6 MONTHS.
> I HAVE BEEN ON PFT / VISITOR VISA/WORK PERMIT UPTO
> 04
> I HAVE BEEN ON CONTINIOUS WORK PERMIT / HSMP
> SINCE
> 2004 AND HAVE HSMP NOW UPTO SEP 2010
> CAN U ANYONE TELL ME IF I CAN TAKE THIS JOB AND KEEP MY 10 YEAR ELIGIBILITY TO APPLY FOR IDEFENET LEAVE TO REMAIN I HAVE A MORTGAGED HOUSE / WIFE A STUDENT IN UK / CHILD IN SCHOOL IN UK
>
PRAKASH

[vic]

Just thought I will update you guys regarding the total leaves (abroad) allowed during the 5 year qualifying period for ILR. Following is the response that I recieved today from the HO, under the Freedom of Information Act. Im sure you will be as amazed as I am to notice that the permitted absences now fall short of even the paid leaves during the 5 year run-up !!

Dear Mr. Sharma,

Thank you for your emails of 16 November, 17 November 10:17 and 10:20. I have responded below to your most recent email.

Q. 1). Prior to March 2006 when the qualifying period for ILR for work permit holders was 4 years, they were permitted short absences abroad provided that these absences did not exceed 3 months duration, and they did not amount to more than 6 months in all. In light of the recent increase in the qualifying period for ILR for Work Permit holders from 4 to 5 years, what is the total duration of absences abroad that are now allowed in this 5 year qualifying period?

A) The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all.

Q.2). The current Annex F refers to the old 4 year qualifying period for ILR and has, obviously, not been updated in light of the recent change in the qualifying period earlier this year. What is the new Home Office formula for caseworkers for calculating the 'Five year continuous stay' requirement for eligibility for Settlement/ ILR for work permit holders ?

A) Please note that Annex F, Paragraph 3 - Calculation of the Four Year Period for settlement - whilst referring to the 4 year qualifying period is also currently applicable to the 5 year qualifying period.

I hope this is of help to you. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint to:

IND Complaints Unit
11th Floor, West Wing
Block 'C'
Whitgift Centre
Wellesley Road
Croydon
CR9 1AT


During the independent review, the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.


Kind Regards,


Sandra
Sandra Birkinshaw
Freedom of Information
Work Permits (UK)

Vic

[RobinLondon]

I find this to be a bit difficult to implement. According to the official response, average annual absences totalling 36 days or more (e.g., 180 in total) would trigger a SET(O) refusal. Any businessperson, or some foreign celebrities like Kevin Spacey or Gwenyth Paltrow, for instance, are bound to spend more than this number of days outside the UK.

However the HO respondent did point out paragraph 3 of Annex F, in which absences tied to (self-)employment or those consonant with paid annual leave will be disregarded. This leaves me to reason that there is considerable discretion to be paid to such time spent abroad.

I addressed this issue to a solicitor and she supported my opinion. She also added that absences at the beginning of the 5-year qualifying period would have less on an effect than those occurring towards the end.