Can you be absent for more than 90 days in the final year?

[talgat]

Hello!

My Tier 1 (general) visa expires on 20.10.2014 after 5 years in the UK. I have been offered a good job abroad and have a dilemma now. I believe I can still get ILR even if I leave UK in June since I can be legally absent from the UK for no more than 180 days. I plan to come back to the UK in September and apply for ILR (meaning I will still be absent from the UK for less than 180 days).

Unfortunately the situation with passport application (1 year after obtaining ILR) is different, you can only be away from the UK for no more than 90 days (not 180 anymore). I have a question then: What If I leave UK earlier than 90 days prior my application, can I still apply for passport? Lets say in the final year I will be absent for 4-5 months, not 3 months. I plan to come back to the UK again for living, after 2 years of working abroad and I don't want to lose my passport opportunity and I don't want to lose this job either.

Please help me with your experience.

[haiksuresh]

Hello!

My Tier 1 (general) visa expires on 20.10.2014 after 5 years in the UK. I have been offered a good job abroad and have a dilemma now. I believe I can still get ILR even if I leave UK in June since I can be legally absent from the UK for no more than 180 days. I plan to come back to the UK in September and apply for ILR (meaning I will still be absent from the UK for less than 180 days).

Unfortunately the situation with passport application (1 year after obtaining ILR) is different, you can only be away from the UK for no more than 90 days (not 180 anymore). I have a question then: What If I leave UK earlier than 90 days prior my application, can I still apply for passport? Lets say in the final year I will be absent for 4-5 months, not 3 months. I plan to come back to the UK again for living, after 2 years of working abroad and I don't want to lose my passport opportunity and I don't want to lose this job either.

Please help me with your experience.

You will be eligible for ILR, if you have enough points and show proper proofs for uk absences. My personal suggestion for you, you can go via solicitor so that they will manage for absences. And regarding Brit passport you need to satisfy following conditions.

1) When you apply for brit passport (i.e any time after 1 year period from your ILR approval date) exactly 5 years back on that day you must be in UK

2) on the day you apply for brit passport, from that day to back to 1 year you should not away from uk for 90 days

3) on the day you apply for brit passport, from that day to back to 5 years you should not away for 450 days.

4) not broken any immigration laws while in the UK

regards,
Suresh