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Hello,

I would like to confirm my understanding of the new rules for ILR for calculating the absences in my case.

I am on HSMP Tier 1 (in the 5th year) and currently working through my UK based limited company. I am on an assignment that demands my travel to outside UK every month for continuous 3 weeks.

My agreement/contract is with a US based agency but I travel out of the UK to some other country and get paid here in the UK.

Is it correct to understand that as per new rules I should be alright for my ILR application even if I travel for more than 180 days in last 12 month period.

To support my business travel I would have letters from agency to clearly indicate for duration of travel and confirmation that I am being paid in the UK from them.

Can the experts kindly advise.

Thank you in advance for your responses.

Read this document especially from page 10 onwards.

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.

Hi Damanisshallo,

Thank you for sharing "the link to document".

I much more understand now.

Thank again.

Hi,

Page 16 on this document reads:

Absences of more than 180 days in each consecutive 12 month period preceding the date of
application (in all categories) will mean the continuous period has been broken. However,
consideration may still be given to granting indefinite leave to remain (ILR) outside the rules
if evidence is provided to show the excessive absence was due to serious or compelling
compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling
reason for the absence and supporting documents must be provided.
Absences in excess of 180 days in any 12 month period for employment or economic activity
reasons are not considered exceptional.
Discretion will only be applied as authorised at senior executive officer (SEO) level.

I am confused about the statement in Bold above.
Does it mean that even though I am providing full details of my continued economic activity in the UK ( and thereby reason for absences), it would still be considered as broken continuous stay?
Or it means something else?

Thanks for your responses.

Damanisshallo wrote:Read this document especially from page 10 onwards.

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.

Hi,

Yes it means what you've understood, that is you cant stay outside for more than 180 days. However read this in SET(M) guidance:

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, ...




http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

So my question to you is, where does it say in immigration rules that it will be held against you?

You see from what I understand there is a difference between delaying entry to uk whne you first get the visa and being out of uk once you've entered.

cars2fly wrote:Page 16 on this document reads:

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons. Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.
Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.
Discretion will only be applied as authorised at senior executive officer (SEO) level.

I am confused about the statement in Bold above. Does it mean that even though I am providing full details of my continued economic activity in the UK ( and thereby reason for absences), it would still be considered as broken continuous stay?

Yes, it means what you state. The only circumstance that I see where a Senior Case worker would consider the case as an exceptional case is if the absence(s) was due to a serious or compelling reason. If all your absences are over the allowed 180 day annual threshold and they were due to annual leave & business related travel only, then according to the new guidance your ILR application would be refused.

sh1981 wrote:However read this in SET(M) guidance:

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, ...

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

So my question to you is, where does it say in immigration rules that it will be held against you?

You are quoting the requirements for a SET(M) ILR application here, which is for dependents. There is no set absence threshold for dependents. However the OP, will be applying as a primary applicant, i.e. SET(O) which is different.