Tier 1 General - Absence due to overseas business assignment

[Mani2092]

Hello all,

Hope you guys can shed some light on my query:

In relation with Tier 1 General - ILR Continuous Period rule; Recently, I have been full time employed by company based in UK but as part of my role I will have to travel outside UK and make frequent visits to clients in Europe (each visit will not exceed 90 days).

My question is that if I am on business assignments and stay outside UK for more than 180 days during next 12 months - How will it impact my ILR application? Will I be eligible to apply for ILR and not breaking continuous period rule?

P.S - My Tier 1 General visa was granted in March 2011 and I am planning to apply for ILR in Feb 2016.

[haiksuresh]

If your absence was more than 180 days in single year then your ILR continuous period will be broken. You can wait for comments from seniors .

[mr_mar]

Few years ago the limit was 180 days of holidays for 5 years and excludes business trips

Now the rules changed to have 180 each year but includes any type of trips. Sorry for the bad news.

[Mani2092]

Few years ago the limit was 180 days of holidays for 5 years and excludes business trips

Now the rules changed to have 180 each year but includes any type of trips. Sorry for the bad news.

I was under impression if UK employer provides a letter confirming that the applicant was on business assignment as part of role and his absense was authorised for the given period then there should not be any issues.

Any more thoughts???

[Mani2092]

Many views but only 2 replies so far - anyone else who can help please?

[mr_mar]

I was under impression if UK employer provides a letter confirming that the applicant was on business assignment as part of role and his absense was authorised for the given period then there should not be any issues.

Any more thoughts???

This was for the old system.
For the new one you are supposed to provide also a list of the travels with confirmations like the employer letter to confirm the trips and holidays just to confirm the days count (not the reasons as the don't count anymore)

[mr_mar]

this document explains what counts in 180 days and what can be excluded (called Compassionate reasons) https://www.gov.uk/government/uploads/s ... eriods.pdf

[iubus2005]

My understanding is that if you have one single continuous absence of more than 180 days, the continuity is definitely broken. However, if you have multiple absences totaling up to more than 180 days in one given year, there is a possibility that you can maintain the continuity by delaying / timing the application for ILR a little bit.

[RRSB2012]

Business Travel is not considered Exceptional Circumstances. Absences during 12 month period for past 5 years should be less than 180 days.
If you are not travelling anymore than probably you can get an extension and apply a bit later, if that works out.