ILR Absences - UKBA clarification

[jami]

Blew is text of email by UKBA in respect of ILR absences received today:
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Thank you for your further email about calculating the 5 year period Modernised Guidance. Your comments have been noted and will be examined in further detail as part of the review.

I would like to address a few of your observations at this point.

I accept that you feel that the naturalization guidance conflicts with the settlement provisions. Modernised Guidance is a tool for caseworkers to reflect the current position contained within the immigration rules which, apart from the accelerated routes to settlement under Tier 1 and those qualifying under HSMP, clearly states that migrants must complete 5 years continuous lawful leave here in the UK. As far as I am aware, there are no plans to change this requirement by the Government.

The Modernised Guidance is likely to be amended to expanded to include the fact that short business trips abroad (but not secondments) may be disregarded, provided that the migrant submits sufficient evidence at the time the application for settlement is made, up to 6 months in the 5 year period may be disregarded for continuous leave purposes.

Longer absences outside the UK connected with employment or personal family circumstances are covered by the paragraph in the guidance here, which states that leave may be aggregated (rather than disregarded) where

• "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 UK. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7."

No formal time limit has been put on these type of cases in the guidance and each is decided on a case by case basis. I would expect that many of the situations you describe would fall into this category. In all cases, it is recommended that migrants provide sufficient evidence at the time and include supporting evidence why they were required to undertake the travel from employers &/or medical practitioners, when they apply for settlement.

As far as breaks in leave within the UK are concerned, this is currently covered here in the Modernised Guidance:

"Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:

• There have been no absences abroad, see calculation of the five year period for settlement, and authorised employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at HEO level or above."

Once the formal review of this guidance has been undertaken, this will be highlighted to all staff undertaking settlement cases and will be available on HO Intranet aswell as UKBA website. This should lessen any potential consistency issues in the different parts of UKBA.

I will also ask my team to look at the SET (O) form changes you have suggested to ensure that they are as clear as possible for migrants applying for settlement.

Thank you again for your feedback
Amanda Conneely
SEO Settlement Operational Policy Team

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Comment: Secondments abroad are not allowed otherwise there is no upper limit of job/business related absences

[geriatrix]

Please continue in the existing topic.