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