ILR: 90 days overseas out of last 12 months

[newtux]

Hi, I have quick question about the following criteria for ILR application: "During the last 12 months of the five-year period you must not have been outside the UK for more than 90 days"

I wonder if the day of departure and arrival count as being overseas. For instance, if I depart 03/12 and come back 04/12, will that count as 2 days overseas or none (given I was already in the UK in both days)?

This is important for my ILR application as I travel to continental Europe a lot for business. Do know if this would be considered by the HO in case I exceed the 90 days out of the UK?

Thanks a lot.

[Dawie]

Hi, I have quick question about the following criteria for ILR application: "During the last 12 months of the five-year period you must not have been outside the UK for more than 90 days"

I wonder if the day of departure and arrival count as being overseas. For instance, if I depart 03/12 and come back 04/12, will that count as 2 days overseas or none (given I was already in the UK in both days)?

This is important for my ILR application as I travel to continental Europe a lot for business. Do know if this would be considered by the HO in case I exceed the 90 days out of the UK?

Thanks a lot.

If you can justify your presence outside the UK by supplying letters from your employers, for example, outlining your business trips then it doesn't matter how long you've spent outside the UK.

[John]

I wonder if the day of departure and arrival count as being overseas. For instance, if I depart 03/12 and come back 04/12, will that count as 2 days overseas or none (given I was already in the UK in both days)?

Well certainly for Naturalisation applications it counts as none! That is, for a day to count at all the person needs to be outside the UK for the whole of that day, from Midnight to the next Midnight.

Another example .... person leaves on a Monday and returns the following Friday ... that counts as 3 days ... because only the Tuesday, Wednesday and Thursday were spent totally outside the UK.

[Mafia]

Well certainly for Naturalisation applications it counts as none! That is, for a day to count at all the person needs to be outside the UK for the whole of that day, from Midnight to the next Midnight.

Another example .... person leaves on a Monday and returns the following Friday ... that counts as 3 days ... because only the Tuesday, Wednesday and Thursday were spent totally outside the UK.

This works in your favour. See page 19 of this guidance if you wish to cross refer. http://www.ind.homeoffice.gov.uk/6353/1 ... eannew.pdf

For completeness, the above rule, with one or two exceptions, also apply for tax residency purposes (re IR20).

The Mafia ...

[newtux]

Thanks a lot all, very helpfull indeed.