Request urgent input on ILR (T2 Gen) - Days outside UK

[acdindian]

Hi Team,

Good Evening.

My wife is on a tier 2 general visa. I understand that no more than 180 full days are to be spent outside UK in any 12 month period. We are planning a visit to India - Can you please let me know if there is any cap on the number of days in a single trip as a sub set of the above 180 day period, for ILR consideration.

Thank you in advance.

[Akorotaeva]

180 days in ANY 12 month period. No maximum per single trip beyond that.

[CR001]

Bear in mind that if she is the main tier 2 visa holder, there are some limitations of absence from her sponsor, paid/unpaid, she needs to be mindful of.

[acdindian]

Many thanks @CR001.

Yes she is the main tier 2 general applicant. And most of the duration out of the UK is part of her accrued statutory leave as part of her employment.The total plan is for 4 weeks - where 3 weeks are from her leave balance and 1 week is working from India (approved by her employer) - Will that be fine please?

Thank you for your inputs.

Regards,

[Akorotaeva]

Sounds totally fine!

[acdindian]

Many thanks @Akorotaeva

Just to confirm please - Is the work from home for a week also fine (as approved by her Manager)

Thank you.

[Akorotaeva]

Don't see a problem as that is a fully paid period of absence. As long as it is authorised and there is a correaponding letter from the employer, it's fine.

[acdindian]

Dear Team,

Trust you are well. I have a query regarding the number of days outside UK in the context of ILR application.

Ever since getting my tier 2 general visa and arriving in the UK in March 2017, here is a breakdown of the annual leave related trips outside UK:

2017 - No trips outside UK

2018:
March 16-20 2018 (outside UK for a total of 5 days including weekend, with company approved leave of 3 days)
June 15-17 (outside UK for a total of 3 days including weekend, with company approved leave of 0 days)
June 22-24 (outside UK for a total of 3 days including weekend, with company approved leave of 1 day)

In addition to the above, I am planning a long trip to India during Christmas time (2018/19), my company provides 27 days of annual leave (other than bank holidays and mandatory closure holidays during Easter and Christmas totaling 15 days) . So that is a grand total of 27+15=42 days in the year (including bank holidays).

We are also allowed to carry over unspent leave from previous year into the next year (up to 10 days)

So, for the India trip, I plan to be out of UK for the following dates:

Dec 6 - Jan 18 (outside UK for a total of 44 days including weekends, with company approved leave/ closure days of 24 days

The leave calendar for my company runs from 1 Oct to 30 September.

The text from the UKVI website says, "Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such
absences towards the 180 day limit"

Would the 44 day India trip be a cause of concern when we do submit our ILR application? Your kind input would help greatly please.

Thanks in advance

Regards
Ash

[CR001]

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