ILR in future

[strangerboo]

hi all,
i have few years left before i can apply for ILR however from now i want to make sure i do not spend more time outside the uk that it is allowed

reading websites and different places, i belive it is maximum of 3 month in a year thus 30 month in 10 year for long residency

is that correct ?

i read else where that i is maximum of 3-6 month in aa 5 year thus 12 month in 10 year max

please advice on this topic or anyhing else that i should do to ensure my ILR will not be impacted

thanks

[cs95tdg]

You have not mentioned anything about your immigration background or which category you ultimately intend to apply under for anyone to comment. But either way, I'd recommend you start by doing some reading yourself on the information available on the UKBA website first.

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

[strangerboo]

well the reason i asked here was at least someone could give me some guidence and not refering me to the website to read 70+ pages of documents. i did read the relevant section and was a bit confused and hence asked the question

i am not been rude but just expressed my opinion, if someone has read 70 pages and it takes them 5 minutes to reply then that saves the other person time when they just need to knjow a simple answer

[cs95tdg]

well the reason i asked here was at least someone could give me some guidence and not refering me to the website to read 70+ pages of documents. i did read the relevant section and was a bit confused and hence asked the question

i am not been rude but just expressed my opinion, if someone has read 70 pages and it takes them 5 minutes to reply then that saves the other person time when they just need to knjow a simple answer

As stated in my previous response you have still not mentioned which immigration category you intend to apply for ILR under. If you do then I & others may be able to give you a more explicit answer. The residency requirements & number of absences for ILR vary based on the immigration category you apply under.

I shared the previous URL as a starting point for you because the information provided in the original post was insufficient to comment on. Q16, Q17 under the ILR FAQ sticky below, are directly related to the question you have asked if applying as an economic migrant. http://www.immigrationboards.com/viewtopic.php?t=79378

[strangerboo]

thank for your reply,
I will read through the FAQ,

i will soon go on tier2 general so in 5 years I will qualify for both long residence and tier 2 - 5 year continuous employment
I have read on the web and some lawyer websites that it mentions as follow:
max 6 month in 5 year but preferred to be less than 3 month with maximum absence of 90 days at any one time. This is for tier 2 economic migrant

max of 18 month with maximum absence of 6 month at any one time for long residence ( 10 years).

I in one occasion was outside the UK for 93 days for summer holiday but apart from that I have been out of the country for max of 1.5 in any given year. In total in the past 5 years I have been absent for 5.5 month( I was student and went back during summer holidays)

Would above create an issue for long residence or 5 year economic residence

By the way, is tier 2 general same as workpermit holder ? I get confused when I see WP migrants which I guess is the same as tier 2 general, correct ?

Finally, I am aware that anyone applying after april 2016 has to be paid above 35000 and according to the code of practice for their job, if I am currently not paid that amount but may be paid in future years( maybe year 4 or 5), would that be acceptable?

Thanks

[cs95tdg]

thank for your reply,
I will read through the FAQ,

i will soon go on tier2 general so in 5 years I will qualify for both long residence and tier 2 - 5 year continuous employment
I have read on the web and some lawyer websites that it mentions as follow:
max 6 month in 5 year but preferred to be less than 3 month with maximum absence of 90 days at any one time. This is for tier 2 economic migrant

max of 18 month with maximum absence of 6 month at any one time for long residence ( 10 years).

I in one occasion was outside the UK for 93 days for summer holiday but apart from that I have been out of the country for max of 1.5 in any given year. In total in the past 5 years I have been absent for 5.5 month( I was student and went back during summer holidays)

Would above create an issue for long residence or 5 year economic residence

By the way, is tier 2 general same as workpermit holder ? I get confused when I see WP migrants which I guess is the same as tier 2 general, correct ?

Finally, I am aware that anyone applying after april 2016 has to be paid above 35000 and according to the code of practice for their job, if I am currently not paid that amount but may be paid in future years( maybe year 4 or 5), would that be acceptable?

Thanks

I'll provide the information I know of and leave others to comment on the rest.

1) The maximum absences allowed for settlement as a Economic Migrant (in your case 5 years under Tier 2) are 180 days in total with no single absence of more than 90 days. FYI, in response to your question on whether a Work Permit & Tier2 are the same; Work Permits have now been replaced by the Tier 2 PBS category under the Point Based System that was introduced in 2008.

2) The maximum absences allowed for settlement under the 10 year Long residence route - As I'm not as familiar with the specific rules around this route, I'd recommend that you read the information available below or wait for others to comment on this. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[Updated based on subsequent post]

3) COP & Minimum Salary Requirement - I'm not familiar with the specifics here, so will leave this one for someone else to comment on. Additionally I have seen several discussions around this topic under the http://www.immigrationboards.com/viewforum.php?f=39 forum. So it would be worth searching that forum for more information as well.

[NOG]

2) The maximum absences allowed for settlement under the 10 year Long residence route are 6 months in total.

For the 10 years route a maximum of 540 days are allowed outside the UK and not more than 180 days outside at one time.

[cs95tdg]

2) The maximum absences allowed for settlement under the 10 year Long residence route are 6 months in total.

For the 10 years route a maximum of 540 days are allowed outside the UK and not more than 180 days outside at one time.

Thanks for the correction. Do you by any chance have a reference to the UKBA guidance which states this, for future reference?

[strangerboo]

thank NOG and cs95tdg for your comments and helps

I will look further into salary requirement of 35000 and find out if it only needed when you apply or you should have been paid that amount from start of the tier 2


which one will have more chance of success, long residence or tier 2 economic , if they differ at all. this may be a silly question but i still asked it


in regard to the 540 days, i have seen that on number of websites but not UKBA hence why asked here.

i have seen lots of changes since 2009 and they have significantly had negative impact on some people including me , do you think long residency route may be close or altered in close future or that will be a route that it may not be touched

[NOG]

2) The maximum absences allowed for settlement under the 10 year Long residence route are 6 months in total.

For the 10 years route a maximum of 540 days are allowed outside the UK and not more than 180 days outside at one time.

Thanks for the correction. Do you by any chance have a reference to the UKBA guidance which states this, for future reference?

cs95tdg, unfortunately I cannot find any reference to the 540 days (18 months) in the new revised modernised guidance. I am sure I came across it in the previous guidance for long residence. If you do happen to come across any official UKBA guidance please do let me know as well.

[NOG]

Related:
http://www.whatdotheyknow.com/request/l ... t_outsid_2

[cs95tdg]

cs95tdg, unfortunately I cannot find any reference to the 540 days (18 months) in the new revised modernised guidance. I am sure I came across it in the previous guidance for long residence. If you do happen to come across any official UKBA guidance please do let me know as well.

The immigration rules for long residence can be found under the link below: http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

It states all the conditions under which continuous residence will be broken.

Long residence

Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D and 276ADE.

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or

(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or

(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or

(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.

[NOG]

Thank you. That clarifies the issue then.
No more than 540 days (18 months) outside the UK during the 10 year period and no more than 180 days (6months) at any one time.

[NOG]

Also received an email from UKBA today:

Dear XXX,

I can confirm that in order to qualify for settlement under the 10 Long Residence route as you state in your e mail.

We are in the process of amending the guidance you refer to in your e mail as in this version the 18 month maximum period of permitted absence over the 10 year period was removed in error. This will be corrected as soon as possible, but all absences in Long Residence applications will be assessed in accordance with the previous version of this guidance.

Regards

UK Border Agency - Settlement Ops Policy team
-----Original Message-----
From: [mailto:[FOI #email]]
Sent: 06 August 2012 18:06
To: Freedom Of Information Team ( IND )
Subject: Freedom of Information request - 10 Year Long Residence - Absences

Dear UK Border Agency,

Please confirm that maximum period of days allowed outside the UK
to qualify for Indefinite Leave to Remain under the 10 Year Long
Residence Category is as follows:

1. The applicant must not have spent more than 180 days (6 months)
outside the UK at any given time at once; and
2. The applicant must not have spent more than 540 days (18 months)
in total during the 10 years period.

I ask since the new guidance
(http://www.ukba.homeoffice.gov.uk/siteco...)
does not make any mention of the total allowance of days permitted
outside the UK i.e. 540 days (18 months).

I look forward to hearing from you. Thanks

Yours faithfully,

XXX

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[strangerboo]

thanks mate
much appreciated for taking the time and emailing them