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Is Period of Absence for ILR Six Weeks or 90 Days?

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BVC05
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Is Period of Absence for ILR Six Weeks or 90 Days?

Post by BVC05 » Tue Jul 12, 2005 12:12 am

Hi,

I came accross this disturbing article at the Times' website.

http://www.timesonline.co.uk/printFrien ... 76,00.html
Skilled workers from outside the European Union have been told they must spend no more than an annual six weeks abroad in the four years before they are given indefinite leave to remain — the final step to a British passport.

Lawyers claim the new guidelines could potentially affect as many as 750,000 people, many of them in information technology and financial services — just the kind of skilled immigrants Labour claims it wishes to attract.
My ILR is due in two months and I spent 72 days abroad last year as my mother was not feeling well. Is anyone else aware of this strange interpretation of existing ILR rules? Has anyone managed to get ILR in the last couple of weeks after spending more than six weeks abroad during the qualifying period?

Thanks a lot.

Khurram
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Location: SW of England

Post by Khurram » Tue Jul 12, 2005 8:48 am

Source : Form SET(O) Version 04/2005

Refer to Q 5.2.

Regards

BVC05
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Post by BVC05 » Tue Jul 12, 2005 10:39 am

Thanks for the link. I still don't understand how this 3 month rule can be "interpreted" to mean six weeks in a given year. The Times article was quite confusing. Do you think that it's a pointer towards some impending change in residence requirements?

Regards...

flyez
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Post by flyez » Tue Jul 12, 2005 10:56 am

Here I come---

They said it allow 6-month absencs in maximum over your 4-year period.
6-month= 24 weeks, so 24/4 yrs= 6 weeks per year.

The details article is shown as below

=====================================

The market in citizenship

Source: The Economist, July 1, 2005



Bureaucrats are tightening rules on passports for the wealthy and talented
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The problem comes with anyone wanting to convert his visa into "indefinite leave to remain" (Britain's equivalent of America's Green Card). This normally requires four years' continuous residence in Britain. After a further year, it normally leads to British citizenship.

The law defines continuous residence sensibly. Business trips and holidays don't count, if the applicant's main home is in Britain. As a rule of thumb, an average of 90 days abroad was allowed each year. But unpublished guidelines seen by The Economist are tougher: they say that "none of the absences abroad should be of more than three months, and they must not amount to more than six months in all". Over the four years needed to qualify, that averages only six weeks a year.

For many jet-setters, this restriction is a career-buster. Six weeks abroad barely covers holidays, let alone business travel. Alexei Sidnev, a Russian consultant, has to turn down important jobs because he cannot afford any more days abroad. If applicants they travel "too much", their children risk losing the right to remain in Britain.

Roger Gherson, who runs a specialist immigration law firm, reckons that, including such dependents, the new rule could affect 750,000 people. "Panic will reign in Canary Wharf [in London's financial district] when they start implementing this," he says. Next week his firm is going to court to try to have the guidelines ruled illegal. They came to light in a case involving a wealthy foreigner who runs an international property business. His application for permanent residency was rejected in April, though in the previous four years he had been abroad for only 351 days, and never for more than 90 days at a stretch.

The Home Office insists that the rules have not changed since 2001. That would confirm Mr Gherson's suspicion that the new policy has come in by accident, probably as a result of zeal or carelessness by mid-ranking officials. Their attitude is at odds with the stance of the government, which has been trying for years to make the system more user-friendly for the world's elite. It even moved processing of business residency cases from a huge office in Croydon, notorious for its slowness and hostility to would-be immigrants, to a new outfit in Sheffield.

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Khurram
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Location: SW of England

Post by Khurram » Tue Jul 12, 2005 11:16 am

Honestly speaking, I don't have a clue as to how did the author come up with the magic number of 6 weeks. Probably its one of the changes planned by the HO for later this year !!! Till then, would suggest sticking with the Official forms, and adhering to their guidelines. :)

Regards

BVC05
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Post by BVC05 » Tue Jul 12, 2005 11:37 am

Hi,

I have spent only 162 days (5.4 weeks average) abroad in the last four years. My longest period of absence at a stretch was only 31 days. I believe I should be OK according to the Economist's article. Any furhter information about these unpublished guidelines will be well appreciated.

BVC05
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Post by BVC05 » Tue Jul 12, 2005 2:50 pm

Hi,

I found more information at Gherson's website. It does look like a real issue that has the potential to affect many people.

http://www.gherson.com/ilr/index.php

northmain112
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yearly absense

Post by northmain112 » Thu Jul 14, 2005 9:34 pm

I was out of UK two times on holiday visits in 2003, 3 weeks in may and again 3 weeks in December. exactly 42 days in total. ie. 6 weeks. 6 * 7 days = 42 days. It would be interesting how they would interpret that absense when I apply for ILR next year in June 2006.

hsmphopeful
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Post by hsmphopeful » Sat Jul 16, 2005 9:37 am

I hope Gherson will win the review - it is a stupid policy which affects the very people the government wants to come here. People who do not work/pay taxes won't be affected anyway. Very stupid.

saffaboy
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Post by saffaboy » Tue Jul 26, 2005 2:03 pm

I qualify for ILR in october this year based on my ancestral visa and have been out of the country for more than an average of 6 weeks in the last four years as I was always told that you are allowed 90 days out per year.
I called a law firm(Breytenbachs) and they said that when applying for ilr it would be up to the IO discretion whether they inforce this apparent new ruling.
I then called the HO direct and was told by them that as far as they"re concerned you are still allowed an average of 90 days per year out of the country to qualify for ilr, which is great news, although I dont really trust what they say as ive called them in the past and have been giving totally wrong information on a number of things.
Now I think this is a really important issue and could affect lots of people obtaining ilr, especially those who have been in the country a few years and were always under the impression that the rule was 90 days per year.
Is there anyone out there who knows what the real deal is with this rule as I am getting a bit worried that my ilr application would be turned down because of this.
Thanx in advance for your replies

Chris
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Post by Chris » Tue Jul 26, 2005 3:04 pm

Whenever I called HO on this issue they gave me different replies all the time. As far as this rule is concerned there has been no official change to 90 days ruling and 365 days absentense in 4 yrs.

I've also got answers like since I get 1 month leave every year from my company I can be out of country for not more than 1 month every yrs. This is so annoying because there are geniun requirement for expats to travel overseas for project reason especially for IT people. I hope at least they stick to what they say i.e. 365 days in 4 yrs ruling.

davidm
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Post by davidm » Wed Jul 27, 2005 7:08 am

Chris wrote:Whenever I called HO on this issue they gave me different replies all the time. As far as this rule is concerned there has been no official change to 90 days ruling and 365 days absentense in 4 yrs.

I've also got answers like since I get 1 month leave every year from my company I can be out of country for not more than 1 month every yrs. This is so annoying because there are geniun requirement for expats to travel overseas for project reason especially for IT people. I hope at least they stick to what they say i.e. 365 days in 4 yrs ruling.
I know a friend of mine who just got naturalised- for the past two years he is a senior officer in a US bank and travels extensively on work. He tells me he was out of the country for 520 days in the past 5 years- and 70 days in the past year.
It might be that he and his wife applied together, and that his wife was within the limits and an EU national (Swedish).
He was very worried after reading the article in the Economist and the Sunday Times about the six week rule for Gherson's client- got approval in 5 weeks without any problem.
Hope this calms some nerves :lol:

Chris
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Post by Chris » Fri Aug 05, 2005 2:41 pm

I was under the impression this may have changed for all categories of visa. More was clear as investor category was mentioned when HO agreed on this as a confusion fearing judial review.

As far as I recollect ILR rules like not being absent for more than 90 days in one trip and total 365 days in 4 years for other visa categories like WP was mentioned in HO web site. I tried searching that recently in the HO web site and could not find it, wonder if the rules have changed because of the Gherson case. Considering so much concerns about this rule in this forum I wont be surprise if HO officials are regularly monitoring this forum and reacting accordingly to updates the rules on their sites...
Quite possible!!

Chris.

dirkdiggler
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Has there been any updates on this topic?

Post by dirkdiggler » Mon Feb 27, 2006 11:25 pm

Most of the posts on this issue seem to be over 6 months old, has anyone heard of any definate changes made? I'm just completing the first year of a HSMP and don't want to balls up an application for residency/citizianship in 3/4 years time.

Is the offical period still 90 days per year or has it been changed to 6 weeks per year?

Cheers

Dirk

ppron747
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Post by ppron747 » Tue Feb 28, 2006 12:00 am

Thanks to penanglad's having put in a request under the Freedom of Information Act 2000, there's a "sticky" called ILR guidance - Annex F near the top of this forum. It should answer your query.
|| paul R.I.P, January, 2007
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