ILR Query

[BSK]

Hi,

I need your help as one of my friends is having an issue with his ILR. He is applying on tier 2 category

He was away from UK for 178 days on personal holidays over the last five years and he had business trip of 5 days which was just after his personal holidays. In other words, as he went on holiday, he was asked to go to local office and complete some task before he departed to UK.

After that he changed the employer and it is bit difficult to get a business trip letter from previous employer. Would he be able to go with 183 days as absences instead of 178 personal and five days business trip? Do you think that it will be an issue and it is better to get the previous employer letter for business trip and go for ILR.

Is it 180 days rule stricter?

Thanks for your valuable suggestions in advance.

Regards,
BSK

[cs95tdg]

He was away from UK for 178 days on personal holidays over the last five years and he had business trip of 5 days which was just after his personal holidays. In other words, as he went on holiday, he was asked to go to local office and complete some task before he departed to UK.

After that he changed the employer and it is bit difficult to get a business trip letter from previous employer. Would he be able to go with 183 days as absences instead of 178 personal and five days business trip? Do you think that it will be an issue and it is better to get the previous employer letter for business trip and go for ILR.

Is it 180 days rule stricter?

Please ask your friend to read the latest immigration rules and guidance to make sure he understand the changes himself, as there are several.

Tier 2 migrants will need to provide an employer letter for all absences, which includes annual leave and business travel. The absence threshold has changed to allow 180 days of absence in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Page 10-14: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[EDIT: Correction. Removed reference to 90 day single absence threshold as it no longer appears in the immigration rules.]

[BSK]

Thanks cs95tdg.

He is aware of it. Is it better to get two letters; one for 178 personal holidays and another for 5 days business trip or can he get just one letter for 183 holidays.

I know the limit of holidays are 180 days but can it be 183 days.

Thanks,
BSK

[cs95tdg]

Thanks cs95tdg.

He is aware of it. Is it better to get two letters; one for 178 personal holidays and another for 5 days business trip or can he get just one letter for 183 holidays.

I know the limit of holidays are 180 days but can it be 183 days.

Thanks,
BSK

There is no advantage in him getting two letters (if that's what you are suggesting above). According to the latest rules if you are on a employer sponsored visa such as Tier 2 then all absences, irrespective of whether they were for annual leave purposes or business related need to be confirmed by the employer in a letter.

I'm not sure whether you've noted the change I've highlighted in the rules where unlike before, an applicant is allowed 180 days absence within any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for ILR. Before it was 180 days in total within the 5 years. So this is a big change. If your friend has exceeded the threshold in any of the 12 month periods in question then his case would be subject to Senior Case worker discretion (as he would have broken his residency), but if not, then he has nothing to worry about.

[sh1981]

Hi,

I need your help as one of my friends is having an issue with his ILR. He is applying on tier 2 category

He was away from UK for 178 days on personal holidays over the last five years and he had business trip of 5 days which was just after his personal holidays. In other words, as he went on holiday, he was asked to go to local office and complete some task before he departed to UK.

After that he changed the employer and it is bit difficult to get a business trip letter from previous employer. Would he be able to go with 183 days as absences instead of 178 personal and five days business trip? Do you think that it will be an issue and it is better to get the previous employer letter for business trip and go for ILR.

Is it 180 days rule stricter?

Thanks for your valuable suggestions in advance.

Regards,
BSK

difference of 3 days only?

[thatsy]

As cs95tdg has mentioned above, it's now 180 days for any of the 5 12- month periods prior to the application date. This is a huge change as it was 180 days for all 5 years combined according to old rules.

As long as your friend hasn't used up 180 holidays in one of those 12 month periods, he/she should be fine.

[BSK]

Thanks for your support. My friend did not take holidays more than 180 in any 12 months.

As per you guys, it seems that the rules have been relaxed. It is good.

For example if some one has taken holidays of 360 days in the last five years with an average of 72 days in any 12 months can still get ILR as per new rules. Isn't?

Thanks for clarification. Cheers, BSK