SETTLEMENT - ILR- ABSCENCE FROM UK

[farah]

In the earlier guideline issud by HO in Nov. 2006 on HSMP extension (FLR) for ILR it was stated that during the period of 5 years absence from UK should not be of more than 6 months. This attracted many comments on this board.
Now on 26 Jan.2007 HO has issued fresh guidence on FLR(HSMP) and earlier stipulation of 6 month has not been mentioned . Now it only states that in case of continous abscence of more than 3 months earlier stay would become ineligble. One need to be carefull on this account.
Although in ILR/ Settlement pages of HO exceptions are mentioned.
This post is for information and any comments thereof.

[fshaker]

Hi,

This is a very interesting point here from Farah...

Does this mean that the "6 months per 5 years" rule no longer applies for the (HSMP)ILR and only the 3-month stretch limit per stay (outside UK) applies???

Is my understanding here correct?? Because it seems like good news!!

Experienced members or those who know: please confirm / explain...

Any feedback would be appreciated!

Many thanks!

[SYH]

Can you post the link to the new guidance, please?

[fshaker]

I' m not really sure which guidance is being referred to here...(this isnt my post originally but I needed to clarify this point still)

This HO link presumably has all latest...

http://www.workingintheuk.gov.uk/workin ... .html#HSMP

Quote from new HSMP guidance valid from 30-Mar-2007 (p8):
"To qualify for settlement in the UK you must
have spent a continuous period of five years in
the UK in a category leading to settlement (please
also see paragraph 105 of this guidance), except
for short holidays or business trips. Any
secondment that requires you to be outside the
UK for an unbroken period of over three months
will make your previous stay in the UK ineligible
as a continuous period in the UK. Further details
on settlement can be found at:
www.ind.homeoffice.gov.uk"

There seems to be no mention there of the total max of 6 months rule..

Any thoughts??

Thanks!

[SYH]

Well I don't see it in the guidance for ILR so I am not sure
but this is the first time I have seen specifically a statement referencing secondment for 3 month periods can be construed as noncontinuous stay. Even based on this additional confinement, I believe the 6 month rule of thumb still applies.

[SYH]

In the earlier guideline issud by HO in Nov. 2006 on HSMP extension (FLR) for ILR it was stated that during the period of 5 years absence from UK should not be of more than 6 months. This attracted many comments on this board.
Now on 26 Jan.2007 HO has issued fresh guidence on FLR(HSMP) and earlier stipulation of 6 month has not been mentioned . Now it only states that in case of continous abscence of more than 3 months earlier stay would become ineligble. One need to be carefull on this account.
Although in ILR/ Settlement pages of HO exceptions are mentioned.
This post is for information and any comments thereof.

Can you post the link if it exists
or cut and paste or send me a pdf of the previous rules???

[SYH]

I' m not really sure which guidance is being referred to here...(this isnt my post originally but I needed to clarify this point still)

This HO link presumably has all latest...

http://www.workingintheuk.gov.uk/workin ... .html#HSMP

Quote from new HSMP guidance valid from 30-Mar-2007 (p8):
"To qualify for settlement in the UK you must
have spent a continuous period of five years in
the UK in a category leading to settlement (please
also see paragraph 105 of this guidance), except
for short holidays or business trips. Any
secondment that requires you to be outside the
UK for an unbroken period of over three months
will make your previous stay in the UK ineligible
as a continuous period in the UK. Further details
on settlement can be found at:
www.ind.homeoffice.gov.uk"

There seems to be no mention there of the total max of 6 months rule..

Any thoughts??

Thanks!

fshaker Looks like they updated the guidance again and now this statement regarding secondments is gone.
Just doublechecking with you that you didn't see it elsewhere or if I missed it from my readings?? and now that time has passed I dont know if you were quoting the guidance fore the intial application or the extension. Let me know
http://www.ind.homeoffice.gov.uk/6353/1 ... ?version=1
http://www.ind.homeoffice.gov.uk/6353/1 ... june07.pdf

[fshaker]

I' m not really sure which guidance is being referred to here...(this isnt my post originally but I needed to clarify this point still)

This HO link presumably has all latest...

http://www.workingintheuk.gov.uk/workin ... .html#HSMP

Quote from new HSMP guidance valid from 30-Mar-2007 (p8):
"To qualify for settlement in the UK you must
have spent a continuous period of five years in
the UK in a category leading to settlement (please
also see paragraph 105 of this guidance), except
for short holidays or business trips. Any
secondment that requires you to be outside the
UK for an unbroken period of over three months
will make your previous stay in the UK ineligible
as a continuous period in the UK. Further details
on settlement can be found at:
www.ind.homeoffice.gov.uk"

There seems to be no mention there of the total max of 6 months rule..

Any thoughts??

Thanks!

fshaker Looks like they updated the guidance again and now this statement regarding secondments is gone.
Just doublechecking with you that you didn't see it elsewhere or if I missed it from my readings?? and now that time has passed I dont know if you were quoting the guidance fore the intial application or the extension. Let me know
http://www.ind.homeoffice.gov.uk/6353/1 ... ?version=1
http://www.ind.homeoffice.gov.uk/6353/1 ... june07.pdf

SYH,

I was quoting the guidance in reference to final ILR evaluation and how the out-of-country time would affect the ILR application.

Yes, it seems now that secondments more than 3 months are no longer allowed (or will discount previous continuous stay period)...

For the 6 month per 5 years rule, my understanding was that this does not apply anymore: it does not appear in any new guidance.. and a friend in UK called the HO for me and confirmed he heard the same from them as well... But still I suppose this point would need to be further confirmed.

[SYH]

I' m not really sure which guidance is being referred to here...(this isnt my post originally but I needed to clarify this point still)

This HO link presumably has all latest...

http://www.workingintheuk.gov.uk/workin ... .html#HSMP

Quote from new HSMP guidance valid from 30-Mar-2007 (p8):
"To qualify for settlement in the UK you must
have spent a continuous period of five years in
the UK in a category leading to settlement (please
also see paragraph 105 of this guidance), except
for short holidays or business trips. Any
secondment that requires you to be outside the
UK for an unbroken period of over three months
will make your previous stay in the UK ineligible
as a continuous period in the UK. Further details
on settlement can be found at:
www.ind.homeoffice.gov.uk"

There seems to be no mention there of the total max of 6 months rule..

Any thoughts??

Thanks!

fshaker Looks like they updated the guidance again and now this statement regarding secondments is gone.
Just doublechecking with you that you didn't see it elsewhere or if I missed it from my readings?? and now that time has passed I dont know if you were quoting the guidance fore the intial application or the extension. Let me know
http://www.ind.homeoffice.gov.uk/6353/1 ... ?version=1
http://www.ind.homeoffice.gov.uk/6353/1 ... june07.pdf

SYH,

I was quoting the guidance in reference to final ILR evaluation and how the out-of-country time would affect the ILR application.

Yes, it seems now that secondments more than 3 months are no longer allowed (or will discount previous continuous stay period)...

For the 6 month per 5 years rule, my understanding was that this does not apply anymore: it does not appear in any new guidance.. and a friend in UK called the HO for me and confirmed he heard the same from them as well... But still I suppose this point would need to be further confirmed.

Yes but I don't see it in the latest guidance anymore, do you?

[fshaker]

Yes, I also cant find any mention of the 6 month rule in the new guidance.

For the 3 month limit, it is mentioned in paragragh 68 of the new guidance:

"Any secondment that requires you to be outside the UK for an unbroken period of over three months will make your previous stay in the UK ineligible as a continuous period in the UK."

[SYH]

Yes, I also cant find any mention of the 6 month rule in the new guidance.

For the 3 month limit, it is mentioned in paragragh 68 of the new guidance:

"Any secondment that requires you to be outside the UK for an unbroken period of over three months will make your previous stay in the UK ineligible as a continuous period in the UK."

Do you have a copy of the nov guidance where it listed 6 months