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Total number of Absences Allowed for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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uk_2010
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Joined: Fri Sep 03, 2010 10:49 pm

Total number of Absences Allowed for ILR?

Post by uk_2010 » Mon Mar 11, 2013 1:06 pm

Hello Experts,
I am on Tier2 ICT and wanted to check if any one know how many total absences are allowed away from Uk for the total period of 5 years for an eligibility of ILR? I know that new rule which came in Dec'12 allows 180 days for each 12 consecutive months period but wanted to know how many max no. Of days allowed for whole 5 years period?
Appreciate prompt response.
Thanks

uksettlement
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Posts: 734
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Location: London
Contact:
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Post by uksettlement » Mon Mar 11, 2013 4:54 pm

There is no mention of total absences for ILR. It is just 180 days absences allowed every year.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Mon Mar 11, 2013 7:34 pm

Hello uksettlement,

I too am very confused about this point. I am filling the SET(O) form for my appointment on 14 March. On page 27, I find this in section D2.

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:

Can someone help me on this please. Or is there another version of the form?

uksettlement
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Location: London
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Post by uksettlement » Mon Mar 11, 2013 7:40 pm

D2 question isn't valid anymore....

Look at UKBA's response...

http://www.whatdotheyknow.com/request/c ... ing-350696

Also I got my ILR approved today with 150 days at a stretch and 258 days of total absence.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Mon Mar 11, 2013 9:05 pm

Thanks uksettlement for the prompt reply. So should I ignore the D2 Question on page 27?

I just came across this on page 47, where there is a document check list:

In 11L, which is for Tier-1 General, is states:

"For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."

I was on work permit from 8 April 2008 till May 2008, when I switched to Tier-1. So what do I need to submit for this period, as per above para? Feeling quite confused?

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Mon Mar 11, 2013 10:05 pm

uksettlement wrote:D2 question isn't valid anymore....

Look at UKBA's response...

http://www.whatdotheyknow.com/request/c ... ing-350696

Also I got my ILR approved today with 150 days at a stretch and 258 days of total absence.
Hello uksettlement, Can I ignore D2 completely? Is there any official notification from UKBA? Is this link UKBA's official?

Many Thanks for your reply.

db83
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Posts: 184
Joined: Thu May 05, 2011 10:18 am
Location: Mars

Post by db83 » Mon Mar 11, 2013 10:17 pm

tier-1 wrote:
uksettlement wrote:D2 question isn't valid anymore....

Look at UKBA's response...

http://www.whatdotheyknow.com/request/c ... ing-350696

Also I got my ILR approved today with 150 days at a stretch and 258 days of total absence.
Hello uksettlement, Can I ignore D2 completely? Is there any official notification from UKBA? Is this link UKBA's official?

Many Thanks for your reply.
Yes you can leave it. This was answered by UKBA under FOI act. Check the link from uksettlement , it says it all.
I got my ILR recently and had left that question blank.
I'm just trying to help !

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Tue Mar 12, 2013 1:56 pm

Hi uksettlement,

What reason did you mention/provide for your 150 days absence ? I guess you must also not be paid for these days in UK ?

Thanks
Girish

cs95tdg
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Location: London

Post by cs95tdg » Tue Mar 12, 2013 3:59 pm

tier-1 wrote:In 11L, which is for Tier-1 General, is states:

"For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."

I was on work permit from 8 April 2008 till May 2008, when I switched to Tier-1. So what do I need to submit for this period, as per above para? Feeling quite confused?
Your WP and P60/Payslips covering that time period.

Tier1immigrant
Newbie
Posts: 41
Joined: Wed May 23, 2012 9:12 pm

ILR absences

Post by Tier1immigrant » Tue Mar 12, 2013 4:49 pm

Guys can you please help with the below:

1. Is the requirement of 'no absence of 3 months at a stretch' still applicable?

2. Are the absence requirements applicable to Tier 1 (General) dependents as well? (including the 90 days continuous absence requiremetn).

3. My dependent has been living with me for 3+ years. I heard if she stays longer than 3 months outside UK then 1 year will be discounted as non resident. Will she still be able to apply for ILR given that she would have met the requirement of atleast 2 years in the UK?

Many thanks

uksettlement
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Re: ILR absences

Post by uksettlement » Tue Mar 12, 2013 5:50 pm

Tier1immigrant wrote:Guys can you please help with the below:

1. Is the requirement of 'no absence of 3 months at a stretch' still applicable?

no

2. Are the absence requirements applicable to Tier 1 (General) dependents as well? (including the 90 days continuous absence requiremetn).

no

3. My dependent has been living with me for 3+ years. I heard if she stays longer than 3 months outside UK then 1 year will be discounted as non resident. Will she still be able to apply for ILR given that she would have met the requirement of atleast 2 years in the UK?

Yes

Many thanks
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Tue Mar 12, 2013 5:52 pm

girish wrote:Hi uksettlement,

What reason did you mention/provide for your 150 days absence ? I guess you must also not be paid for these days in UK ?

Thanks
Girish
I just mentioned Business Trip. The case worker just asked thats a long business trip? I explained the reason. No other questions asked. Also, I was paid the UK salary in the UK even during this absence from the UK.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Tue Mar 12, 2013 5:57 pm

Thanks uksettlement. Thats the catch. Most of the Indian IT companies in UL sent their employees to India for 3+ months and they don't pay UK salary for that period. Its same in my case; i was not paid UK Salary. Only Indian salary.

Any advise please ?

uksettlement
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Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Tue Mar 12, 2013 6:27 pm

girish wrote:Thanks uksettlement. Thats the catch. Most of the Indian IT companies in UL sent their employees to India for 3+ months and they don't pay UK salary for that period. Its same in my case; i was not paid UK Salary. Only Indian salary.

Any advise please ?
As I said I wasn't asked to submit any proof. It doesn't matter if you were paid or not. You need to score the required number of points that's it!

You can ask n number of people or solicitors and u might get a different answer. My advice is to read the rules or go by live examples!
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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