some helpful automated responses

[mah]

Employment Routes: Continuous Residence



Q. When does my 5 year continuous period for settlement (ILR) start?

A. The continuous period is counted backwards from the date of application for ILR.

Example: Application date 11 November 2012



Year 1 11 November 2012 to 12 November 2011

Year 2 11 November 2011 to 12 November 2010

Year 3 11 November 2010 to 12 November 2009

Year 4 11 November 2009 to 12 November 2008

Year 5 11 November 2008 to 12 November 2007



Q. I received my grant of leave but delayed my entry to the UK; have I broken the 5 year continuous period for ILR?
A. No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR,



Q. If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?

A. Yes you can still make your application at a PEO 28 days before your current leave expires



Q. I have been absent from the UK for annual holidays, and to attend a number of business meetings; have I broken my 5 year continuous period for ILR?

A. If your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 days, you will not have broken the continuous period for ILR. You must provide evidence of all absences.



Q. I have been absent from the UK on business trips and have exceeded the 180 day limit over one or more of the 12 consecutive month periods; have I broken my continuous period for ILR?
A. Yes, even if the180 day limit is exceeded by only 1 day.



Q. If I have been outside of the UK for less than 24 hours, will this count as one day’s absence from the UK?
A. No, only whole days will be counted towards the 180 day limit



Q I was a work permit holder, but will be applying for settlement as a Tier 1 (General) migrant, do I need to provide evidence of work related absences for both periods of leave?

A. You only need to provide evidence for absences incurred during the period of leave as a work permit holder



Q. I was absent for 95 days in a single absence, have I broken the continuous period for ILR?

A. No, a single absence exceeding 90 days will not break continuity, but continuity will be broken if absences in any of the12 consecutive month periods that make up the continuous period exceed 180 days.



Q. My absences exceeded the 180 day limit in one year of my consecutive period, can this be disregarded if my employer provides evidence that it was essential to the business?

A. No. There can be no discretion applied to any absence exceeding 180 days in any of the consecutive 12 month periods of the continuous period.



Q. I was absent for more than 180 days in one of my consecutive 12 month periods, but had no further absences from the UK throughout the remainder of my continuous period. Was my continuous period broken?

A. Yes. Regardless of absences in any other 12 month period, if the 180 day limit is exceeded in only one 12 month period, continuity will be broken.





For more details, please also see the following link to the Continuous Residence guidance on our website:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary