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Hello Folks,

Can anyone help me in calculating the continous period to be in UK.
My employer is sending me out of UK for a long term assignment (upto 1 year). I need to know how many continous days, I can be out of UK without breaking the continous period needed for ILR application.
Also if I flyback every month end to UK will my absences for every month be counted or waived ?

Any help would really be appreciated.

Thank you in advance.

ILR can be claimed in a variety or ways. What is your intended route? It's not possible to answer your question without this information.

I am on Tier 2 General Visa and completed 2 yrs in UK.

ukcalling wrote:Hello Folks,

Can anyone help me in calculating the continous period to be in UK.
My employer is sending me out of UK for a long term assignment (upto 1 year). I need to know how many continous days, I can be out of UK without breaking the continous period needed for ILR application.
Also if I flyback every month end to UK will my absences for every month be counted or waived ?

Any help would really be appreciated.

Thank you in advance.

Besides the number of days (90 at a stretch, 180 total over 5 years), make sure your communication with your managers address the following bits right away, otherwise it will come back to haunt you at time of ILR application

1. Nature of the business trip.
2. The impact on the business if the trip had not been under taken
3. Any mitigating reasons why the trip took this long
4. And ways to reduce it.
5. Why did it have to be you

Also, ensure your salary is being paid in UK, with UK tax deductions, etc. And you maintain your UK 'home'.

Hi folks,

I am a UK employee on Tier2 G visa. I have got a new assignment in Europe, which means that I would need to go to Europe every week Mon to Thurday and returning back to UK on thursday. This assignment might last for a duration of 6 -8 months travelling MON -to- THURSDAY.

My question is while applying for ILR how would my case be considered ?
I read the below paras on the UKBA site however I am unable to understand in which section do I fit in ??? I would really appreciate your advise on the same.

"
5. CONTINUOUS PERIOD OF FIVE YEARS
The applicant must have spent a continuous period of 5 years lawfully in the UK and meet the criteria specified in this guidance.

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


5.2 Applications falling short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

5.3 How to treat cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where there have been longer absences abroad than those described in paragraph 5.1 above. The absences must have been for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment in the UK. None of the absences abroad should be of more than three months duration, and they must not amount to more than 6 months in total for the whole five year period.
"

Dependent on the evidences you provide to convince the caseworker that continuity of residence in the UK was not broken despite excessive absences due to overseas business assignment.

Reading this post may be useful.