Restriction: can't be outside of UK for > 6 mth over 5 ye

[lanwarrior]

I have heard that once you obtained the HSMP approval, you must stay continously in UK for 5 years and not been OUT OF THE COUNTRY for more than 6 months TOTAL over that 5 years.

Is this true?

[centennial]

yeas thats true, infact these 6 months should be taken during december to january and when u come back from holiday u should have atleast 6000 quids to show ..how does that sound

I have heard that once you obtained the HSMP approval, you must stay continously in UK for 5 years and not been OUT OF THE COUNTRY for more than 6 months TOTAL over that 5 years.

Is this true?

[lanwarrior]

6 months over 5 years... geez...

I am looking at HO website and no indication of this rule, I wonder if they changed it with the new HSMP rule.

I don't get what you mean by showing GBP 6K on the way back. What's that got to do with approved HSMP?

[HSMP5thDec]

i didn't get it either...

i vaguely remember maybe no restriction on business trip?...

6 months over 5 years... geez...

I am looking at HO website and no indication of this rule, I wonder if they changed it with the new HSMP rule.

I don't get what you mean by showing GBP 6K on the way back. What's that got to do with approved HSMP?

[shockboy2000]

Turkish friend at work was out of country for 7 months IN A ROW on HSMP, and had ILR rejected - but managed to get ILR approved on review/appeal.

[lanwarrior]

Turkish friend at work was out of country for 7 months IN A ROW on HSMP, and had ILR rejected - but managed to get ILR approved on review/appeal.

Can you elaborate more? So he was out of the country for 7 months in ONE year, but the other 4 years he was not out of the country at all?

I am trying to get an understanding if the restriction is for:

1) 6 months TOTAL over 5 years

OR ...

2) 6 months MAX per year

OR ...

3) 3 months MAX per year, with the maximum of 6 months TOTAL over 5 years

[shockboy2000]

She loved to travel , so i am sure she was out of the country in more months in the earlier years too - but there was definately one period of 7 continuous months out of UK in 1 year that caused Home Office to reject her ILR initially...i remember the day she came to work crying after the ILR interview.
But, somehow she managed to convince them to change it in an appeal.

I will send an email and find out how she managed this (she left the UK again after getting the ILR)

I dont know what the official rules are, i am sure someone must know where it is written.

[Markie]

From IND website...under IDIs...Chap 5 Annex

These are rules as taken from IND website... sorry that the data is still not updated - as noted from the header of the document

[Quote]
3. CALCULATION OF THE FOUR YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid
leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.

3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United
Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

NB: Decisions in such cases must be taken at HEO level or above. In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

[Unquote]

[Markie]

My previous post points to WP holders but I know the requirements are basically the same for other visa tyoe holders...

[lanwarrior]

shockboy2000,

Thanks! Do let us know once you heard back from her.

Markie,

Thank you also for the information.

The details from HO is quite vague, I must say since the 2 points may means different thing. For example, when it says ...business trips (consistent with maintaining employment ... in the United Kingdom), that MAY sound like somebody can be abroad for more than 3 months PER YEAR if their jobs requires that. But the 2nd bullet is the opposite.

I think at this moment, whilst awaiting for others to reply, I will take this as the rule based on the information provided by Markie:

1) In a given year
- NOT MORE than 3 MONTHS continous travel

2) In a TOTAL of 5 years
- NOT MORE than 6 MONTHS

This is actually crap, since my job requires me to travel approx. 2-3 months PER YEAR (but not continuos) and that will add up to approx. 10 months TOTAL for 5 years. Man... what to do now...

I just wish HO will be more clear on this.

[Ang]

Called up Workpermit UK and was told this applies to hsmp applicants as well as work permit holders - the advisor mentioned that it will be ideal not to be outside the UK for more than 90 days continuously/year!!!

[lanwarrior]

Ang,

Please correct me if I am wrong, but the rule stated in your link seems to apply for HSMP beneficiary that has been in the country for:

- 5 years under HSMP, and
- 5 years under ILR, and
- The person is applying for naturalizations.

If the rule above applies to HSMP beneficiary that JUST arrived in the country and planning to get ILR, then my question is answered (but not the issue with my job). However, if it doesn't, then I am back to square one.

[lanwarrior]

Just FYI to everyone:

I tried to call but got busy signal all the time. So I sent an email but the reply I got was just a "cut-and-paste" of teh FAQ. So I am going to try emailing them again.

I am trying to at elast get a response in writing (email) to prove that the threshold for being outside of UK is 90 days (or whatever it is) continously / year and NOT more than 6 months (or whatever it is) ove rthe course of 5 years.

If 5 years from now I am applyign for ILR after being out of UK approx. 60 days (spread out over the year) / year for 5 years and they give me grief on this, at least I have proof of the email above.

Called up Workpermit UK and was told this applies to hsmp applicants as well as work permit holders - the advisor mentioned that it will be ideal not to be outside the UK for more than 90 days continuously/year!!!

[UKbound]

How is that tracked anyway? I'm leaving frequently on business, maybe 1-2 weeks per month.. and the only thing that's noted on my passport is the stamp when I return.. There is no paperwork I fill out to leave the UK, and there's no stamp on my passport that says when I left.. Sometimes they ask how long I was away.. Maybe they're writing down your answers?

I think this had been discussed in an earlier forum.. If you're travelling for work, just make sure that you keep a letter from your employer saying that it's required. That can be used later if you need it during the ILR process.

[lanwarrior]

It can be tracked from the stamp in your passport. Based on the email from Home Office, being outside of UK for extended period (per my posts above) will affect only your ILR application and they can deny or approve your application.

Sounds pretty vague, isn't it?

[UKbound]

Interesting.. The only stamps on my passport show the date when I return. They don't show when I leave. Maybe they'll try and figure it out from entry stamps into other countries, etc.. Sounds kind of vague, I agree.