Revised guidance on ILR – calculating continuous period in the UK
The UK Border Agency has published a revised guidance for calculating the five year continuous period for Indefinite Leave to Remain (ILR) in the UK.
The following guidelines have been provided when counting absences from the UK.
Calculating continuous period in the UK
Any short absences abroad would be ignored if it is clear that the applicant has continued to be based in the UK e.g. holiday consistent with annual paid leave entitlements or business trips consistent with maintaining employment or self-employment in the UK.
Tier 2 migrants
The UK Border Agency has clarified that the period between the migrant being granted entry clearance and the date they entered the UK can be counted towards the five year period provided it is no longer than three months.
Discretion when continuous residence has been broken
The UK Border Agency has stated that they may exceptionally add periods spent in the UK to form unbroken continuous residence in the following cases:-
- Where there have been no absences abroad (apart from those described above) and authorised employment or business has not been broken by any single interruption of more than three months or interruptions that total more than six months.
- there have been significant absences abroad due to compelling and/or compassionate reasons or to do with the applicant’s employment or business in the UK.
We believe that many business professionals and executives will be affected by the new policy. If you have any questions regarding the above or need to understand how these changes will affect you, please send an email to one of our London immigration lawyers or at email@example.com.