ILR - time outside Uk 180 or 450 days ? travel for work ?

[WarisAli]

Hello Legal experts,

THANK YOU Thanks for this wonderful website and advise. I thank you and on behalf all of us who work and live in UK on different visas.
TRAVEL for WORK and ILR. I am starting work as a Network Engineer for a company that supports systems across EU. I am expected to travel once or twice a month and stay for 4 5 days each time. Taking this job, I see that my days outside UK would exceed 450 days in 5 years. I am on TIER 1 now and I would be applying for extension and then ILR eventually.
PROOF OF TRAVEL If I can submit proof mf my genuine work related trips, passport stamps, hotel stays, letters from employers and genuine work attendance abroad. Am I ok, or am I risking my chances for ILR? I would be living and based in UK working and paid by a UK registered company. Please can you advise?
NEW RULE 180 or 450 days? What does the rule states days outside UK for ILR is it 450 days or 180 days in 5 years. Is business or work related travel not counted in this? Have a great weekend and I thank you all once again for your kindness. May the Powers that BE reward you all, amply and greatly!!! best wishes
Waris Ali

[geriatrix]

1. There is no 450 days rule / limit regarding eligibility to settlement.
2. The only evidence that you need for work related absences and/or paid annual leaves in the qualifying residential period is letter(s) from your employer(s).
3. See also Chapter 6A - Settlement.


regards

[WarisAli]

thank you for your prompt reply, much appreciated, but not sounding naive, isnt there a requirement that one cannot be out of the country for 90 days during Tier 1 one year period? That making it 90 x 5 450 days, and some websites are saying its 180 days in 5 years one can travel for visiting family and leisure? Please kindly elaborate, thank yo so much. Regards
Waris

[parham.r]

It seems it is one of the most ambiguous things!

Perhaps it should depends on other factors too when considering someone has made the UK their home for ILR purposes.

It may make the life difficult for a lot of people if they cannot travel freely abroad. There are many people who have maintained their property and work in the UK but due to holidays, business requirements, etc may spend more than 6 months during a 5 year period.

[bani]

It used to be 180 days absence in 4 years; so the unwritten limit is 225 days in 5 years.

Travel for work is exempt but you must keep a record of this and have your UK employer verify this.

[Rajuk09]

Dear all,

Following was taken from Chapter 6A Settlement, might be helpful,..


Discretion in cases where continuous residence has been broken

In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..

[Rajuk09]

Gurus,

May be a silly doubt, Is it all these abscense rules applicable for only Main applicant or for the dependants also ? , they can be outside UK for any longer ?

regards

Raj

[vinny]

PBS dependants (excluding children) should live at least two years in the UK with their partners.

[Rajuk09]

PBS dependants (excluding children) should live at least two years in the UK with their partners.

Hi Vinny,

Thanks for that, but still the doubt is apart from total years together, regarding absense from UK , is there any rule like for main applicant ?

regards

Raj

[vinny]

Applicable rule is 319E(d).

[mk357]

PBS dependants (excluding children) should live at least two years in the UK with their partners.

Hi Vinny,

Thanks for that, but still the doubt is apart from total years together, regarding absense from UK , is there any rule like for main applicant ?

regards

Raj

RajUK you have mentioned clearly about the rules yourself. The main applicant must not spend more than 180 days abroad and 90 in a row. However, there are compasionate grounds on which the grant of ILR may still be considered if you have compelling reason, for example if a person fell ill while abroad or any similar thing. However, I was told by a friend as he enquired from the HO, that paid leave doesn't count towards the 180 days. But to be honest I would suggest to remain within that period the HO rules vary from person to person.

Normally all the dependants status is the same as that of the main applicant. This means that children get ILR at the same time as the main applicant no matter how long have been they in the country, spouse has to remain for 2 years. However, please not that they get nationality only after spending 6 years in total in the country, even if the main applicant is eligible for nationality before that.

For example if the main applicant is joined by the family after spending here 3 years, they all would get the ILR at the same time as the main applicant but the family would get nationality after spending full 6 years. However, if a child is less than 12 or 13 years (I am not sure about thsi) then he/she get the nationality at the same time as the main applicant.

[sheraz_aries]

PBS dependants (excluding children) should live at least two years in the UK with their partners.

Hi Vinny,

Thanks for that, but still the doubt is apart from total years together, regarding absense from UK , is there any rule like for main applicant ?

regards

Raj

RajUK you have mentioned clearly about the rules yourself. The main applicant must not spend more than 180 days abroad and 90 in a row. However, there are compasionate grounds on which the grant of ILR may still be considered if you have compelling reason, for example if a person fell ill while abroad or any similar thing. However, I was told by a friend as he enquired from the HO, that paid leave doesn't count towards the 180 days. But to be honest I would suggest to remain within that period the HO rules vary from person to person.

Normally all the dependants status is the same as that of the main applicant. This means that children get ILR at the same time as the main applicant no matter how long have been they in the country, spouse has to remain for 2 years. However, please not that they get nationality only after spending 6 years in total in the country, even if the main applicant is eligible for nationality before that.

For example if the main applicant is joined by the family after spending here 3 years, they all would get the ILR at the same time as the main applicant but the family would get nationality after spending full 6 years. However, if a child is less than 12 or 13 years (I am not sure about thsi) then he/she get the nationality at the same time as the main applicant.

Is there any condition for ILR that says that a person on Tier 1 General cannot remain unamployed for more then 3 months?