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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear SirsI am on Tier-2 General visa, so do my wife and

Customer Question

Dear Sirs

I am on Tier-2 General visa, so do my wife and my child (as dependents).

My wife and my child are planning to stay overseas for a couple of months.

My wife is planning to stay for 6 months and my child for up to 1 year.

Therefore, I would like to seek advice on the rules for the maximum stay for dependents under this category, so that we will be eligible to apply for Indefinite Leave to Remain (ILR).

We would like to seek information on the following points relating to the same:

1) I am the main applicant and I will make sure that I am not overstaying the restricted stay of 180 days in continuous 5 years stay for ILR eligibility.

2)I will be the main applicant for our future ILR appication, therefore will my dependents have the same rules as that of mine for ILR application?

3) Any solutions to seek grant the requested leave?

Your advice on this would be deeply appreciated!

You can contact me on my phone *********** or email me on *****@******.***.

I will look forward to hearing from you in due course.

Many thanks,

Mohan

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Their continuous period in the UK for the purpose of calculating the residence requirement for ILR will be broke if they spend more than 180 days outside the UK in any consecutive 12 month period within the 5 years on which they hope to rely.
So, if there are only minor absences (eg a couple of weeks here and there every year) in their previous time in the UK and they propose to spend two months outside the UK then this will be fine, because presumably the 60 days outside the UK and other absences before and after do not add up to anywhere near 180 days.
If this is the case then they would still be able to apply for ILR even though they had spent two months outside the UK.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear *****,

Many thanks for your reply.

I was keen to understand if my dependents can stay maximum of 180 days per 12 months or is it 180 days in 5 years?

What if the 180 days limit is over in one year, can they travel the following years?

For us the priority is to leave my infant child with his grand parents for up to a year, so that it will be really easier for us to continue our careers here?

Any solutions for seeking my child's request to stay through Home office?

Thank you.

Kind regards,

Mohan

Expert:  Thomas replied 2 years ago.
Hi Mohan,
The requirement is that in any 12 month period within the 5 years no more than 180 days must be spent outside the UK.
It is NOT 180 days in 5 years.
If you breach the 180 days limit in any year then you would not be eligible for ILR.
Leaving your child with grandparent outside the UK would mean that there absences outside of the UK would be more than 180 days within a given 12 month period, so you cannot do this.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,


 


Many thanks for your answers.


 


I understand that we can stay overseas 180 days in any 12 month period.


 


As long as we are not exceeding, can we stay below 180 days every year in the 5 year duration?


 


Say for example:


 


1st year : 165 days


2nd Year : 35 days


3rd Year : 120 days etc..


 


 


Your reply on this will be much appreciated.


 


Thank you.

Expert:  Thomas replied 2 years ago.
Hi,

Yes, they would appear to be fine because neither 165+35 or 120+35 added up to 180..

Tom
Customer: replied 2 years ago.

But Tom 165+35 = 200, its breaching the 180 timescale?


 


If its below 180 days in any 12 month period. Can it be overall say 300 days in 5 year period, cumulative?


 


Sorry just trying to get the numbers right here Tom.


 


Appreciate your help so for...


 


Thank you.


 

Expert:  Thomas replied 2 years ago.
Hi,

Sorry I must have miscalculated.

It depends where the 35 days in the second year and the 165 days in the first year come.

If at any point during the 35 days absence in the second year you can count back from a given day 12 months and see that more than 180 days have been spent outside the UK then it would breach the rule. If less then 180 days then you are still fine,

TOm
Customer: replied 2 years ago.

Just a quik clarification, say for example,


 


Between 1st Jan 2014 - 31 Dec 2014 (12 months)- Holidays taken 165 days and


 


between 2nd March 2105 - 1 st March 2106(another 12 month period)- 105 days.


 


and so on..


 


Can holidays taken in this pattern, will be excepted?


 


Thanks Tom.

Expert:  Thomas replied 2 years ago.
Hi,

I have no way of telling because I don't know what on days the holidays were taken.

Tom
Customer: replied 2 years ago.

Thanks Tom,


 


What I meant from the earlier question was, can we stay more than 180 days within a period of 5 years as long as we are not staying more than 180 days in a 12 month period?


 


Once the 180 days are over in a 5 year period, are we not allowed to do any more travels in order not to breach ILR continuous stay requirements?


 


Many thanks for your patience.


 


Regards.


Mohan

Expert:  Thomas replied 2 years ago.
Mohan ,

Yes, you can be outside of the UK for more than 180 days in the 5 year period but you cannot stay more than 180 days outside the UK within any given 12 month period with the 5 year period.

However, please note that in order to be eligible for naturalisation after you have obtained ILR you must not breach the days-outside rules for naturalisation which are on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply

Tom

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