> 90 days but < 180 days outside of UK

[bullseye81]

Hi, I have heard recently that when applying for ILR after a Tier 1 (general) visa), anytime outside of the UK for more than 90 days at a time means it's not counted towards the 5-year continuous period in the UK, even if absences are less than 180 days in any individual year.

Is this correct? I have read through the UKBA Guidance on calculating continuous period in the UK v7.0 and Part 6A of the Immigration Rules, but could not find anything on having to limit any visits outside the UK for more than 90 days.

I am nearing the end of my 5 years within the UK, and have been away less than 180 days each year, but there was one year when I was away for 92 days outside the UK.

Thanks

[uksettlement]

reading the ukba response on this link will help. I got a confirmation of more than 90 days .... http://www.whatdotheyknow.com/request/c ... ermited_ab


You are absolutely fine and if your absence are less than 180 days (in any of the 5 years. The days are counted backwards from the date of application) then you dont even need to submit any proof for the absence.

[bullseye81]

Thanks for your quick reply. I have a further question. My absence of more than 90 days was when I was under the HSMP. I was not working during the 93 days, because I was waiting for my job in the UK to start. Do you have an idea of whether I need to be employed during the time I was away? I didn't think I needed to be, as it was not a requirement under the HSMP to be employed at all times.

Thanks

[Gagan1986]

Thanks for your quick reply. I have a further question. My absence of more than 90 days was when I was under the HSMP. I was not working during the 93 days, because I was waiting for my job in the UK to start. Do you have an idea of whether I need to be employed during the time I was away? I didn't think I needed to be, as it was not a requirement under the HSMP to be employed at all times.

Thanks

It is not a requirement to be employed during that period

[uksettlement]

Thanks for your quick reply. I have a further question. My absence of more than 90 days was when I was under the HSMP. I was not working during the 93 days, because I was waiting for my job in the UK to start. Do you have an idea of whether I need to be employed during the time I was away? I didn't think I needed to be, as it was not a requirement under the HSMP to be employed at all times.

Thanks

Your understanding is correct. there is NO need to be employed at all times.