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Confused about personal travel/work travel allowances

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GrahamD85
Junior Member
Posts: 99
Joined: Wed Sep 23, 2009 9:30 am

Confused about personal travel/work travel allowances

Post by GrahamD85 » Thu Feb 17, 2011 10:05 am

Hi guys,

My girlfriend (US citizen) and I (Brit) got our FLR(M) as Unmarried Partners in Sep 2010 and if we apply for ILR in September 2012 (if the rules aren't changed in July) I'm confused about travel permitted outside of the UK.

Since she arrived in September 2007 and going up to March 2011, my girlfriend will have spent 74 days outside the UK on personal trips. From what I understand the rule is 180 days in 5 years, so this won't be an issue. Am I correct on this?

In August 2010 she started working for a company that send her abroad 4 or 5 times a year. From August 2010 - January 2012 she'll have spent 43 days outside the UK on paid business trips (usually lasting no more than a week each) which can be confirmed by her employer. I'm unsure of how many days on business you can spend outside the UK in 5 years (or in any period), does anyone know?

Also, and I haven't checked what's happening with this in a while so do correct me if I'm wrong, if these new rules come in July and we have to wait potentially a few years more after September 2012 to get our ILR, does anyone think there will be a rule on number of work days spent outside the UK? As my girlfriend spent 43 days outside the UK in a 16 month period, she'd have about 160 days in 5 years spent outside the UK, which makes me worry.

Cheers,

G

GrahamD85
Junior Member
Posts: 99
Joined: Wed Sep 23, 2009 9:30 am

Post by GrahamD85 » Thu Feb 17, 2011 11:11 am

Sorry guys, looks like I had the wrong end of the stick with time spent outside the UK limits - I've just found the following paragraph on the UKBA site regarding time spent outside the UK if applying for ILR as an Unmarried Partner and there doesn't seem to be a rule at all. It DOES say, however, that time spent outside the UK for work is limited, but I seriously doubt around 5 weeks a year in seperate week-long trips counts against you.

"The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-sex partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you."

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