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ILR time abroad- New rules clarification

Posted: Thu Jan 17, 2013 10:50 am
by maxstud
I am a little confused by the recent changes in continuous residence period calculations. I have been on Tier 1 General throughout the qualifying period and initial initial leave granted on 05/01/09. Below is dates I was outside over the last 5 years and want to check if I am still eligible.

Year 1 - 55 days outside- all paid annual leave and business travel
Year 2- 43 days outside- all paid annual leave and business travel
Year 3- 20 days outside - all paid annual leave and business travel
Year 4- 40 days outside- all paid annual leave and business travel
Year 5- 45 days outside- all paid annual leave and business travel

Total whole days outside= 203

No trip longer than 27 days. I will be applying this December. I read the statement of changes here and the web section here but cant work out
whether annual leave and business travel don't count towards days outside like before?
and whether I am allowed 180 days outside in 12 month period or 5 year period?

Any help appreciated!

Posted: Thu Jan 17, 2013 10:57 am
by mulderpf
It's not about which days count and which don't. All days outside count, as long as it's not more than 180 in any 12 months and its all consistent with your reason for being here (paid leave or business trips), it's all fine.

You have clearly not been out the country for more than 180 in any 12 month period and all your leave was consistent with working here, so you have nothing to worry about at all.

Posted: Thu Jan 17, 2013 11:19 am
by wpilr_nov12
You will probably apply sometime in 2014, by which time the existing rules might change (based on historical trend).

For current guidelines, you can download (FREE) SET O form, and work your way through.

You will also learn a lot more than you thought you knew about the requirements.

Posted: Thu Jan 17, 2013 1:37 pm
by maxstud
Thank you mulderpf and wpilr_nov12 for your help! Much appreciated!