Maximum no of days allowed outside UK in 5 years?

[fraz]

Hi Members,

I would like to request seniors members to please let me know how many days a Tier 1 General visa holder is allowed to be outside the UK in 5 years period for the application of ILR.

I have also came to know that now in a single trip Tier 1 holder can stay away for 6 months (180 days). Does that mean we are allowed 900 days in 5 years?

Please refer to any UKBA paragraph(s).

Regards

[uksettlement]

Dont think the policy mentions 180 days in a stretch but 180 days in any year in the 5 years so technically it is 900 days in 5 years.

[fraz]

Hi uksettlement,

Thanks for your feedback. This is waht I am confused too. Could anyone else please through some light on this?

Regards

[cs95tdg]

See Q16 & Q17 under: http://www.immigrationboards.com/viewtopic.php?t=79378

Immigration Rules under: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

See 245AAA. General requirements for indefinite leave to remain and then rules specific to your Immigration Category.

[fraz]

Dear cs95tdg (Guru)

As per my understanding it does not mention total no of absentees. It says about maximum no of days allowed are 180 in a single year.
So, if somebody lives outside UK for more than 180 days then his/her one year will not be counted towards the 5 years period for ILR.

Am I correct? Pls explanin.

Thanks

[cs95tdg]

I don't quite understand what you mean to suggest by the statement "So, if somebody lives outside UK for more than 180 days then his/her one year will not be counted towards the 5 years period for ILR." According to my interpretation he/she would break continuous residence if this happens.

Hopefully this will clarify what you need:

You are allowed 180 days within the 12 consecutive month periods during your 5 year residence, counting back from your application date.

This is clearly explained with an example on Page 10: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This in effect means that, if you go over the 180 day threshold during any of those 12 consecutive month periods then your ILR clock will be reset. (Unless a Senior Case Worker considers that there are exceptional circumstances & decides to apply discretion).

[fraz]

Hi cs95tdg Guru,

I have got your point now. Now I understand what does that mean.

Thanks very much.

[confused_skilled_migrant]

This is what it says on the UK BA Website

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

"During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."

By saying "ANY" 12 month period, it seems to say that in any one 12 month period, the absence should not be more than 180 days, BUT that someone could have 40 days a year each year (total = 200 days), and yet qualify ?

To add confusion to the mix, even NEW the application form has the following question,

Section 9
D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:
Yes Go to question D3
No Go to section E
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences

This seems to suggest that it is 180 days over the 5 years. (?!?!?!)
_____

This is not a hypothetical situation. My situation is that over the last 5 years, I have been out of the UK for 210 days.
No single absence is more than one month.
In any 12 month period, my absence is NOT more than 180 days

Out of all the holidays, only 2 holidays of 10 days each were unpaid holiday.

Can someone please clarify whether it is 180 days in any ONE year of the 5 years ?
OR
180 days added together over 5 years ?

[cs95tdg]

confused_skilled_migrant, it's true that Question D2 in the form, is inappropriate given the current updated immigration rules. But none the less, you need to answer it until the UKBA either amend it or provide and explanation for its purpose.

Note that the threshold is no longer a total of 180 days during the 5 year period. As I have stated in my previous response you are allowed 180 days within the 12 consecutive month periods during your 5 year residence, counting back from your application date. I.e. See page 10 for an example: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Technically the maximum allowed absences would be 180*5, however the annual 180 day threshold (counting back from your application date) must be met. You need to do the calculation based on the guidance above using your application date as the starting date, to determine whether you meet this requirement.

[confused_skilled_migrant]

I did read the guidance and also felt the same. But, with these things, you never know...

I was preparing for an extension becase I didnt want to take a chance.

[oskhan]

confused_skilled_migrant, it's true that Question D2 in the form, is inappropriate given the current updated immigration rules. But none the less, you need to answer it until the UKBA either amend it or provide and explanation for its purpose.

Note that the threshold is no longer a total of 180 days during the 5 year period. As I have stated in my previous response you are allowed 180 days within the 12 consecutive month periods during your 5 year residence, counting back from your application date. I.e. See page 10 for an example: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Technically the maximum allowed absences would be 180*5, however the annual 180 day threshold (counting back from your application date) must be met. You need to do the calculation based on the guidance above using your application date as the starting date, to determine whether you meet this requirement.

Is it counting back from the DAte when you visa is expiring or the date when you are applying for ILR?

[cs95tdg]

It's counting back from the date you're applying for ILR.

[fraz]

Hi all,

This is a very tricky paragraph by UKBA. 180 days, I am still not sure, is it 180 days in whole 5 years or 180 days in a consecutive 12 months period.

Would anybody explain this to me?

Regards

[cs95tdg]

But did you not say...

I don't quite understand what you mean to suggest by the statement "So, if somebody lives outside UK for more than 180 days then his/her one year will not be counted towards the 5 years period for ILR." According to my interpretation he/she would break continuous residence if this happens.

Hopefully this will clarify what you need:

You are allowed 180 days within the 12 consecutive month periods during your 5 year residence, counting back from your application date.

This is clearly explained with an example on Page 10: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This in effect means that, if you go over the 180 day threshold during any of those 12 consecutive month periods then your ILR clock will be reset. (Unless a Senior Case Worker considers that there are exceptional circumstances & decides to apply discretion).

Hi cs95tdg Guru,

I have got your point now. Now I understand what does that mean.

Thanks very much.

[fraz]

Dear cs95tdg,

The member confused_skilled_migrant has made me confused too . Now I have again checked on UKBA website and it says:
During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason.

So, it is obvious that it does not tell anything about total no of days outside UK. All it says is no more than 180 days in continuous 12 months in any of 5 years.

Regards

[cs95tdg]

It's correct the rules do not say you are allowed a specific number of absences throughout the entire 5 year period. But it is stating, what you are allowed during any of the 5 consecutive 12 month periods preceding the date of the application, which is what is relavent. The overall total is not what you should be concerned about. Read the following carefully to avoid confusion.

What you should be looking at for confirmation of the requirements already explained in this thread, is the immigration rules & guidance.

See the following, if you want a reference for immigration rules. The link to the guidance was posted in my previous response, where page 10 would give you what you are after:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245AAA. General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

(a) "continuous period of 5 years lawfully in the UK" means residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

[fraz]

Hi cs95tdg,

You are abs right. Thanks again for your kind reply.

Thanks

[confused_skilled_migrant]

there has been update to a Freedom of information request which I was following

http://www.whatdotheyknow.com/request/c ... ment-34395


The latest response is
______________

From: Settlement Ops Policy Mailbox
UK Border Agency

16 January 2013
Dear Sir/Madam,

In the light of the recent changes to the immigration rules, question D2 of the SET(O) form is no longer relevant and will be amended at the next available opportunity.

Kind regards

Ann Woodall |Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP

___

I guess this clears all confusion.

Thanks all for your help.

I would suggest someone make this topic Sticky so it avoids confusion for everyone.