We are often asked the question about the time permitted outside the UK for the purpose of calculating continuous period requirement for ILR applications.

Home Office guidance stipulates: “When applying for ILR it is necessary for the applicant to have spent no more than 180 whole days (i.e. not including the day of departure from the UK or arrival back in the UK) in any 12 month period during the 5 year qualifying period. Although particularly large absences can be split across two 12 month periods, no single absence can be greater than 180 days.”

However the thing to keep in mind is that “absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.”

We are at times asked if its ok to be outside the UK for 6 months at a stretch on account of maternity leave and our advice is that it’s better to avoid it as stated above: “Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason. ” In the past we came across one case where the ILR was refused as the case officer was of the view that very good maternity services are available in UK and it does not make a compelling reason; however we must add that upon appeal the lady was granted the ILR.

UK Visa Works specialises in helping clients to get their ILR applications approved, please contact us for further details.