90 Days Requirement for ILR

[preddy]

Hi All,

I will be applying my ILR this year end. I'm on old work permit VISA(i.e. Non- Points Based System).

My Question is:
I got work permit on 04/12/2006 and I have entered into UK on 27/12/2006. I don't know how this 90 Days requirement is calculated, I mean 90 days out-side UK requirement.
From 04/12/2006 - 04/12/2007 - In this period, I was out-side UK for 93 days. I'm not sure, from what date the count begins (i.e. Date of entry OR VISA Date).

1) If it is VISA date then i was out over 3 days. Should I go for another extension due to this?

2) If the count is from Date of entry then am well under 90 days but even then, will UKBA consider my ILR application OR will they come back and say that i'm short of 3 days for completion of 5 Years? I know this question looks stupid but i had this doubt in my mind from long time.


Many Thanks

[manyaonisland]

for ILR the requirement is that you should not be out of the country for more than 180 days during the whole qualifying period (which in your case is 5 yrs). I am not sure why are you thinking about 90 days.

[silversurfer]

for ILR the requirement is that you should not be out of the country for more than 180 days during the whole qualifying period (which in your case is 5 yrs). I am not sure why are you thinking about 90 days.

because no single trip should be more than 90 days

[xyz123]

Hi All,

I will be applying my ILR this year end. I'm on old work permit VISA(i.e. Non- Points Based System).

My Question is:
I got work permit on 04/12/2006 and I have entered into UK on 27/12/2006. I don't know how this 90 Days requirement is calculated, I mean 90 days out-side UK requirement.
From 04/12/2006 - 04/12/2007 - In this period, I was out-side UK for 93 days. I'm not sure, from what date the count begins (i.e. Date of entry OR VISA Date).

1) If it is VISA date then i was out over 3 days. Should I go for another extension due to this?

2) If the count is from Date of entry then am well under 90 days but even then, will UKBA consider my ILR application OR will they come back and say that i'm short of 3 days for completion of 5 Years? I know this question looks stupid but i had this doubt in my mind from long time.


Many Thanks

Your ILR clock starts from 27/12/2006. So you qualify for ILR 28 days before 27/12/2011.

Absences from UK starts from day when you enter UK for first time on ILR qualifying visa.

Generally absences should not be more than 180 in total over 5 years or any single absences shall not be over 90 days. There aer some exceptions e.g. business trips / annual vacation. search forum if you need more info on this.

[preddy]

Thank you xyz123.

I'm well under 180 days in 5 years and not gone out of UK for more than 90 days in any one year. Only the first year i will be more than 90 days out side UK if i count from Date the VISA stamped (i.e. 04/12/2006 in my case). So I think i'm eligible for ILR but i got only 3 days for applying ILR (i.e. 27/12/2011 minus 28 days, it comes to 30/11/2011 and my VISA expires on 04/12/2011).

30/11/2011 -
01/12/2011
02/12/2011
03/12/2011 - Saturday
04/12/2011 - Sunday

[geriatrix]

You cannot be considered "absent from UK" (in context) without having entered UK. Therefore, calculate absences accordingly (i.e - absences from UK after you arrived in the UK as a WP migrant).

Reading FAQs for ILR should also be helpful.