Time away and Year calculation - ILR query

[vjs8in]

Hi,
Have gone through a few posts stating the the maximum one can spend outside a country is 90 days in a year . My question is

- Is this 90 days in one stretch or is it that no of days outside UK should be <90, no matter how it is taken.

- How is the year calculated. For e.g, If i go to india in November and return to UK by end of Jan. will this be 60 days in 2009 and 30 days in 2010?

- is there a 180 day limit (over 5 yr period)?

can some one point out to the official guidelines on these rules, or share your personal expenses.

Cheers
Suresh

[confused?]

hi ,
i had same doubts and rang home office the other day - there guidance says not more than 90 days at a stretch and not more than a total of 180 days in 5 years, but they said its only a guideline if you have been outside uk more than that and you can give evidence of/reason of your stay outside uk than its at the "discretion of the case worker to grant ILR or not.
Hope this helps

[vjs8in]

That is ridiculous, saying that it is up to the case worker. There should be a clearer guide line on what scenario's are applicable.

Do senior memebers have any answers/ experiences that they can share?

[f2k]

That is ridiculous, saying that it is up to the case worker. There should be a clearer guide line on what scenario's are applicable.

Do senior memebers have any answers/ experiences that they can share?

Well the actual guideline says 180days or whatever it is. So they could stick to that.
the problem is if they tell us exactly what scenario you need if you have exceeded the allowed days then everyone will be going with the same story. having never worked in HO b4 i cannot confirm this but i suspect there are other 'guidelines' that they tell the caseworkers that we dont know about

[global gypsy]

Well, I had an 87-day (at a stretch) absence, plus additional days in the same year. And my ILR application was successful.
The number 180 seems to be based on the old 4 years for ILR. Now with the 5-year requirement, this would translate to 225 days (45 x 5).

This question has been raised here several times, and we have had quite a bit of discussion about the various finer points. I wish they had been kept as sticky threads, then newcomers could refer to them.
(Hope Admins are reading this request!)

[remo1]

If it is a paid leave or business trip, then it is NOT counted towards your 180days absence

[ash20]

Hi,
Have gone through a few posts stating the the maximum one can spend outside a country is 90 days in a year . My question is

- Is this 90 days in one stretch or is it that no of days outside UK should be <90, no matter how it is taken.

- How is the year calculated. For e.g, If i go to india in November and return to UK by end of Jan. will this be 60 days in 2009 and 30 days in 2010?

- is there a 180 day limit (over 5 yr period)?

can some one point out to the official guidelines on these rules, or share your personal expenses.

Cheers
Suresh

Suresh,
It is 90 days in one stretch not a yearwise calculation. If you go in november and come back in Jan it will be seen as 90 days continous absence not a year wise absence

For 180 day limit , there is no official guidline .. Guidline says
holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here
Norm is 25 days and with public holidays and weekends it may go upto 45 days a year .. as long as it is consistent with your annual leave it should be fine
from the forum topics it appears that 225 days in 5 years should be ok .
Hope this helps