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ILR time abroad- New rules clarification

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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maxstud
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Posts: 15
Joined: Mon Nov 29, 2010 10:28 am

ILR time abroad- New rules clarification

Post by maxstud » Thu Jan 17, 2013 10:50 am

I am a little confused by the recent changes in continuous residence period calculations. I have been on Tier 1 General throughout the qualifying period and initial initial leave granted on 05/01/09. Below is dates I was outside over the last 5 years and want to check if I am still eligible.

Year 1 - 55 days outside- all paid annual leave and business travel
Year 2- 43 days outside- all paid annual leave and business travel
Year 3- 20 days outside - all paid annual leave and business travel
Year 4- 40 days outside- all paid annual leave and business travel
Year 5- 45 days outside- all paid annual leave and business travel

Total whole days outside= 203

No trip longer than 27 days. I will be applying this December. I read the statement of changes here and the web section here but cant work out
whether annual leave and business travel don't count towards days outside like before?
and whether I am allowed 180 days outside in 12 month period or 5 year period?

Any help appreciated!

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Thu Jan 17, 2013 10:57 am

It's not about which days count and which don't. All days outside count, as long as it's not more than 180 in any 12 months and its all consistent with your reason for being here (paid leave or business trips), it's all fine.

You have clearly not been out the country for more than 180 in any 12 month period and all your leave was consistent with working here, so you have nothing to worry about at all.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Jan 17, 2013 11:19 am

You will probably apply sometime in 2014, by which time the existing rules might change (based on historical trend).

For current guidelines, you can download (FREE) SET O form, and work your way through.

You will also learn a lot more than you thought you knew about the requirements.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

maxstud
Newly Registered
Posts: 15
Joined: Mon Nov 29, 2010 10:28 am

Post by maxstud » Thu Jan 17, 2013 1:37 pm

Thank you mulderpf and wpilr_nov12 for your help! Much appreciated!

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