ILR success @ Croydon 15th Jan 2013 > 180 days in 5 years

[dhiru23]

Firstly thanks to all members on the board, the information I have got here is quite useful..Now thought its my turn to help others..

Got my ILR on Tuesday 15th Jan 2013 @ Croydon.

Total days outside UK : 247
Visa category : Tier1 General

Documents carried : Standard List ( available in plenty of prior posts)

Key Point :
1) Had submitted letter from employer for business trip.
2) There is a genral misinterpretation of the new rules that 180 calendar days in every calendar year is allowed thus totalling up to 900 days in 5 years.. This is wrong no matter which visa category you are..
Would recommend that each case is different but this is purely taking a chance even under the rules post 13th Dec 2012.
This becomes discretionary...

I spoke to at least 5 lawyers before i tried on my own & not one of them agreed to above interpretation.
Moreover dint find a single post here where > 180 days has been approved without business trips or compelling reasons provided..

[uksettlement]

Hi dhiru23,

Congrats for getting your ILR approved.

It might help if you can have a read through the query posted under FOI and UKBA's response which has agreed to remove the question D2 from the SET (O) which is asking about 180 days of total absence and 90 days at a stretch

http://www.whatdotheyknow.com/request/c ... ermited_ab

I agree that UKBA might still ask for a reason why the person was out and insist on showing that the applicant was out for work related absence however, as per the rules it isnt a requirement to provide any proofs for absence of less than 180 days every year

[dhiru23]

i have referred to that link before

Agree < 180 days no proof needed..
Agree 90days may be relaxed a bit

but > 180 days do have provide documentation that shows its work related / compassionate reasons..that's all I am saying

[ban.s]

Agree < 180 days no proof needed..
Agree 90days may be relaxed a bit

but > 180 days do have provide documentation that shows its work related / compassionate reasons..that's all I am saying

there is no <180 or >180 and 90 days rule anymore.

it's upto 180 days per year subject to condition that these leaves were related to applicant's reason being in the UK and/or for compassionate/compelling reasons.

however, if you are on a tier-1 and travel abroad for work purpose/annual leaves, then you don't need to provide any supporting documentation for absences up to 180 days per year!

anyone for tier2/wp however needs to provide supporting evidence from the employer.

[uksettlement]

exactly ban.s is correct. No proof is needed for Tier 1. The case workers are still asking for it thats because of not enough training to the staff by UKBA as usual.

[uksettlement]

Hi Dhiru23,

I suggest read Deepa's annotation on the same link and it now proves that no proof is required for the absences of less than 180 days for Tier 1 General....

http://www.whatdotheyknow.com/request/c ... ment-34566