Confirmation regarding absences abroad

[gregshukla]

Hello

I got my Tier 1 General in Sep 2009 for 3 years, and (assuming I get an extension) I will be eligible for ILR in Sep 2014.

From Sep 2009 onwards, I have been outside the UK for around 100 days so far. This includes personal reasons (marriage, vacations etc 60 days) and work-related trips (40 days).

I have been with same employer since 2008.

My question is - are vacations and official/work visits completely disregarded while consider 180 days rule? It says continuity is not insisted upon as long as applicant is continuously employed in UK (which I am).

I am asking so that if not, I can cut down on my trips abroad in the next 3 years or so till I get ILR. Can someone please confirm?

Thank you!

[gregshukla]

HI guys

Can anyone knowledgeable about this please help? Thanks again in advance!

[gregshukla]

Hello seniors,

Please, can someone help me out with this?

Thank you.

HI guys

Can anyone knowledgeable about this please help? Thanks again in advance!

[wf]

use search, it's been answered many times before.

[gregshukla]

My confusion is with the following 2 statements in Annex B of the guidance notes -
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Per 2.1 - seems like my holidays and official work visit will not count towards the 180 day rule?

Per 2.2 - "has not been broken by any interruptions of
more than three months or amounting to more than six months in total" - if I take 180 days holidays then my I have it amounting to more than 6 months in total. I also dont know if they meant "2.1" instead of "5.1" in section 2.3

Hence, was looking for some clarification.

Thanks!

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[b]2.1 Calculation of the five year period for settlement[/b]
When assessing if an applicant has met the criteria for 5 years continuous residence in the
UK, short absences abroad, for example for holidays (consistent with annual paid leave) or
business trips (consistent with maintaining employment or self-employment in the UK), may
be disregarded, provided the applicant has clearly continued to be based here.

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[b]2.3 Discretion in cases where continuous residence has been broken[/b]
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases
where:
• there have been no absences abroad (apart from those described in para 5.1 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 for the whole five
year period. Decisions in such cases must be taken at HEO level or above.