new changes to 180 days out of county rule

[nitinkhera]

Hi,

I am really confused about this 180 days rule. Some one just mentioned that there is a change in the rule. And i am really worried now as i checked my total leave of abscence yesterday. And it turned out that i was 187 days abroad. I am only in 4th year to reaching ILR application stage. Just to give you a background- I am on tier 1 (General) that started on 2nd Nov 2009. I will be due to apply ILR on 2nd Nov 2014. As expalined earlier the situation is i have just enetered my 4th year into the 5 year period that i need to fulfill in order to qualify for ILR. And i have gone out of this country 187 days. It constitutes from my 11 visits to abroad. All of them were holidays. Maximum stay abroad on one stretch was 64 consecutive days. Upon reading all these forums and speaking to various people- i am not sure if i should be worried or not. As some people are telling its 180 days in the whole 5 years. Which automatically disqualifies me for ILR. Another set of people are saying that its 180 days per year as a part of the new rule. Which my understanding is 180 days x 5 year = 900 days in the total 5 years. In that case i am fine as i am way below the 900 days. Could someone please clarify this. And if i am disqualified is there any wayaround? Would appreciate a help.

To make things more clearer, and based on the current rules let me give an example (scenario) to you based on my profile. Imagine today is 1st november 2014 and i am filing my application for ILR, since this is the date when my 5 years Tier 1 (general) visa comes to an end. Below is the breakdown of number of days i was abroad in each qualifying year. Nothing was over 90 consecutive days. And all of the visits were for personal reasons, not for business reasons.

1st Year- 2nd Nov 2009 to 1st Nov 2010- 65 days
2nd Year- 2nd Nov 2010 to 1st Nov 2011- 53 days
3rd Year- 2nd Nov 2011 to 1st Nov 2012- 69 days
4th Year- 2nd Nov 2012 to 1st Nov 2013- 23 days
5th Year- 2nd Nov 2013 to 1st Nov 2014- 46 days

Total numbers of days when i was out of UK- 256 days

Based on this will i be fine?

Many Thanks and sorry for being a pain.

[syed_ILR]

Hi,

I am really confused about this 180 days rule. Some one just mentioned that there is a change in the rule. And i am really worried now as i checked my total leave of abscence yesterday. And it turned out that i was 187 days abroad. I am only in 4th year to reaching ILR application stage. Just to give you a background- I am on tier 1 (General) that started on 2nd Nov 2009. I will be due to apply ILR on 2nd Nov 2014. As expalined earlier the situation is i have just enetered my 4th year into the 5 year period that i need to fulfill in order to qualify for ILR. And i have gone out of this country 187 days. It constitutes from my 11 visits to abroad. All of them were holidays. Maximum stay abroad on one stretch was 64 consecutive days. Upon reading all these forums and speaking to various people- i am not sure if i should be worried or not. As some people are telling its 180 days in the whole 5 years. Which automatically disqualifies me for ILR. Another set of people are saying that its 180 days per year as a part of the new rule. Which my understanding is 180 days x 5 year = 900 days in the total 5 years. In that case i am fine as i am way below the 900 days. Could someone please clarify this. And if i am disqualified is there any wayaround? Would appreciate a help.

To make things more clearer, and based on the current rules let me give an example (scenario) to you based on my profile. Imagine today is 1st november 2014 and i am filing my application for ILR, since this is the date when my 5 years Tier 1 (general) visa comes to an end. Below is the breakdown of number of days i was abroad in each qualifying year. Nothing was over 90 consecutive days. And all of the visits were for personal reasons, not for business reasons.

1st Year- 2nd Nov 2009 to 1st Nov 2010- 65 days
2nd Year- 2nd Nov 2010 to 1st Nov 2011- 53 days
3rd Year- 2nd Nov 2011 to 1st Nov 2012- 69 days
4th Year- 2nd Nov 2012 to 1st Nov 2013- 23 days
5th Year- 2nd Nov 2013 to 1st Nov 2014- 46 days

Total numbers of days when i was out of UK- 256 days

Based on this will i be fine?

Many Thanks and sorry for being a pain.

180 days rule is still in place. u need to provide proof of absences according...check the rule changes doc

[phss]

syed_ILR, what do you mean? Based on the document below, it's 180 days per 12 month, not for the 5 years. Is that what you meant?

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

[Ramana66]

Yes. It is maximum 180 days per the years broken down by you adn it seems you are okay as none of the absences are over 180 days in any of the years. In other words, you can have maximum 900 days in 5 years and still can get ILR subject to meeting other criteria.

However, as per the rules changing on 6th April 2013, you need to provide a letter from the employer that you were on paid holiday during these absences. Hence, my recommendation is to start getting these letters now itself and do not wait till next year (never know what will change with employers).

As you have another 1.5 years before ILR, there may be more changes and I suggest you to continuousely keep track of changes at UKBA site and this forum as well.

Cheers,

[syed_ILR]

syed_ILR, what do you mean? Based on the document below, it's 180 days per 12 month, not for the 5 years. Is that what you meant?

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

yeah mate I meant 180 days for each year.

Read the points below for proof of absences.

The specified documents referred to in paragraph 245CD(j) are:
(a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
(b) For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
(c) A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons – e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.”

[phss]

Got it! That totally makes sense.