180-day rule

[lawabidingimmigrant]

Dear all,

Please help clarify on the 180 day rule on the time that can be spent outside the country. Bit confused if we are allowed to stay max 180 days outside UK in 5 years or max 180 days per year in 5-year period.

I've been on Tier 2 (General) for past 4 years now, I was calculating number of days spent outside UK in last 4 years, I've spent total 189 days outside UK already so far in 4 years.

I've travelled outside UK 8-times in last 4 years. One major gap of 100 days spent outside UK. Rest all are 2, 3, 5, 26, 2, 26, 25 days respectively. Total 189 days spent outside UK for various reasons like short europe holidays, long holiday on annual leaves, emergency travels due to bereavement in family, etc.

Year 1 = 10 days
Year 2 = 126 days ( Travelled twice for 26 days & 100 days)
Year 3 = 28
Year 4 = 25
Year 5 = So far 0 days travelled outside UK.


1) Will total 189 days spent outside UK be a cause of concern when applying for PR? I may be eligible for PR early next year.
2) Can I travel outside UK on annual leave anymore without breaking PR eligibility rule?

Pls advise.

[manci]

the rules about absences are on p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[lawabidingimmigrant]

the rules about absences are on p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks Manci. Pls help understand below clause:

"No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)."

Does this mean for Tier 2 (General) migrant, maxium 180 are allowed outside UK in 5 year period?

In my case, out of 189 days outside UK in past 4 years so far, almost a month was spent outside UK due to serious illness & unfortunate death of a close family member. Required evidence can be provided in the form of medical certificate, death certificate & also my employer can provide justify the absence due to death of family member.

I may have to travel for couple of weeks on annual leave outside UK to attend wedding of a close family member sometime this year. I'm kind of concerned now how this absence will impact PR application next year.

[manci]

the rules about absences are on p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks Manci. Pls help understand below clause:

"No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)."
there are some categories, e.g. T1 where less than 5 years may be sufficient for ILR. For T2 5 years continuous lawful stay is needed.

Does this mean for Tier 2 (General) migrant, maxium 180 are allowed outside UK in 5 year period?
no, max allowed is 5 x 180 - 900 days but in any one 12 month period counted backwards from the date of application only 180 days are allowed

In my case, out of 189 days outside UK in past 4 years so far, almost a month was spent outside UK due to serious illness & unfortunate death of a close family member. Required evidence can be provided in the form of medical certificate, death certificate & also my employer can provide justify the absence due to death of family member.
from p19:
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason

I may have to travel for couple of weeks on annual leave outside UK to attend wedding of a close family member sometime this year. I'm kind of concerned now how this absence will impact PR application next year.
no need to worry

[lawabidingimmigrant]

Many many thanks manci for clearing my doubts.

[hemant_lakhani]

Is there any requirement that the person needs to be paid in UK during the absence as I was paid in India during work based in India and was not paid in the UK. Please advise.

[gayatriraju]

Hi,
Please advise me on my eligibility to ILR:
02-Dec-06 to 01-Dec-07 - 0 days absent (entered on Workpermit)
02-Dec-07 to 01-Dec-08 - 294 days absent(includes 10 days leave & peternity on 21-Mar-08 working with same client from India)
02-Dec-08 to 01-Dec-09 - 365 days absent (working from India with same UK client)
02-Dec-09 to 01-Dec-10 - 174 days absent (working from India with same UK client entered to UK on tier2 (ICT) Establis)
02-Dec-10 to 01-Dec-11 - 0 days absent
02-Dec-11 to 01-Dec-12 - 10 days absent on vacation but paid in UK
02-Dec-12 to 01-Dec-13 - 0 days absent
02-Dec-13 to till today - 14 days on paid leave

Please let me know if I am eligbile to apply ILR or need any more details.

[hemant_lakhani]

Is there any requirement that the person needs to be paid in UK during the absence as I was paid in India during work based in India and was not paid in the UK. Please advise.

Please advise.

[sams4u29]

Hi All,

Sorry for asking a silly question.
Can anyone please confirm if the 180 day rule applies per calculating year or 180 days in total for 5 years.

[manci]

Hi All,

Sorry for asking a silly question.
Can anyone please confirm if the 180 day rule applies per calculating year or 180 days in total for 5 years.
for ILR absences cannot exceed 180 days in any one of the 5 years calculated backwards from the date of the application

[sams4u29]

Thanks Manci for information