New absences limit for ILR – as good as it sounds?

By 1st 4Immigration - #1 UK Immigration Experts -
Yes and No.  Yes, because a new limit is more generous than the old one: new limit is 180 days outside the UK in EACH year. Old limit was 180 days in the wole 5 years.

No, or rather ‘not always’ or ‘not for all’ or ‘not necessarily’. This new limit on absences came in force on 13 December 2012 and perhaps, like with all new rules, the UKBA will soon find they had not covered all situations.
Business absences: OK if within the limit of 6 months in each year, some applicants need a letter from employer(s), though we advise all our clients to provide such letters.

Holidays: OK if within the limit and it is clear that the main residency remained the UK, including between the jobs. The rules don’t say how to evidence that the main home remained in the UK (such as when travelling between 2 jobs, or having left one job and before starting/looking for another one), so we advise each client individually based on our vast experience of applications under the old rules when the limit was much more restrictive.
Compassionate family reasons: OK if within the limit and evidence if required, such as hospital records etc. We believe the UKBA were meant to say at which point (how many days abroad) it becomes compulsory to provide evidence, so perhaps this would be clarified in the further rules updates. For now, the rules ask for evidence of all compassionate absences.

Working abroad: if it is a posting from a UK employer, ie a part of working in the UK, then it is OK if within the limit of 180 days in each year. If it is working for a non-UK employer, such as unable to find a job in the UK and leaving for Australia/Dubai/Russia/India, then it becomes tricky. The current rules mean working abroad breaks the residency, though again the UKBA did not specify at which point it becomes a break (under the old rules it was 90 days in a single absence). So, in this case it depends on how long you have worked abroad, whether it was short assignment and how you remained ‘tied’ to the UK.  
Absences over the limit of 180 days in each year are not allowed (or rather will be at discretion of the UKBA and at the applicant’s own risk).

For more advice or to make an application please email: info@1st4immigration.com or visit www.1st4immigration.com

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you...
Read more

🇬🇧 Spouse vs Fiancée visa: pros and cons

By -
Image
    How are they different? What are advantages of each of them? Our helpful table below gives you the visa options for partners of UK citizens. Spouse visa (including civil partners) Fiancée visa Marital status Have to be married (or get married) and apply for a UK visa as a Spouse. Can come to the UK, get married within 6 months and then apply for a Spouse visa. Where to apply? Can apply outside the UK, in a country where a foreign spouse lives or works (but not visiting). Can switch inside the UK from most categories. Only outside the UK This includes a situation where the current UK visa allows switching to a Spouse visa but the couple has to take the Fiancée route (such as if they need time to meet the Financial Requirement). Duration of the visa 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years. 6 months, then Spouse visa for 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years on Spouse visas only ...
Read more

UK Visas and Immigration plans to go paperless in 2018. If it works, family visas – for spouses, partners, children etc – will be submitted online instead of the current paper forms and supporting documents.

By 1st 4Immigration - #1 UK Immigration Experts -
Image
How do we know? We, 1 st 4Immigration Ltd,   were chosen by the UKVI to take part in a survey to provide a feedback on the upcoming system. We are very honoured! As can be seen on the Home Office letter (pictured), we were selected as one of only approximately 50 firms in the whole country, following the request of the Home Office to the OISC. We had a visit from 2 Home Office officials in November 2017. What a great day and what a productive visit! The officials informed us they had been trying hard to promote the online application process for in-country applications, such as FLR(M) for spouses and partners of UK citizens. The online applications have existed for entry clearance (when applying outside the UK) for many years now. Yet the in-country online application process has so far been relatively unknown and unused. It can be found here: https://visas-immigration.service.gov.uk/product/family-routes At the moment most FLR(M) and FLR(FP) applications ar...
Read more