ILR application - absences from the UK

[otuk07]

Does anybody have a clear idea as to what HO is looking for in this section? I couldn't find any clear guidance on how many days per year is allowed outside the UK (holidays and/or business travel). I have been in the UK continously for 5 years, but went on short trips (holiday and business) for an average of 60-70 days per year (no more than 90 in any year). If anybody can shed any light on this issue either from official guidance or personal experience at any of the PEOs, I would appreciate it.

Many thanks in advance.

[hert]

Hi otuk07

It's up to 90 days per year with a max of 180 days. In certain circumstances, more can be allowed though they expect details on that from the applicant.
I recently got my ILR and had about 60 days absence in one year though totalling less than 180 days and no question was asked at PEO.

HTH

[Mr Rusty]

The actual guidance to caseworkers is this:

3. CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
NB: Decisions in such cases must be taken at HEO level or above.

[otuk07]

Thanks a lot - this makes it a lot easier to understand. Much appreciated.

[fahadz1]

The actual guidance to caseworkers is this:

3. CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
NB: Decisions in such cases must be taken at HEO level or above.

I understand this as well can you please tell me what will happen is absence is more than 180 days ??? ur application refused if yes then what happen ? they will say go home ?/ or what will happen ?

[sohail2k]

Hi, I have the same problem. My wife is on HSMP visa and I am on dependent VISA. She first entered UK on 31/07/05. Due to pregnancy we decided that she should go back and deliver the baby there so that she can get better rest in care of our family. She left UK on 24/06/06 and re-entered on 21/12/06 (These makes a total of 180 days contineous absence). We have all the proofs like medical certificates, birth certificate, child's passport etc. Since then, we have never left the country. We are applying for ILR this week, can anyone please suggest that what can happen with our application.

Also, she has been in a contineous employment for more than 15 months now. Does she need to provide proof of all the four year financial activity. Can my salary help her in her application?

Please ignore my second question if you feel is not relevant with this thread.

Thanks,
Sohail