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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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There, I am looking into the 10 year residency ILR. I would qualify in Oct 2016 but am

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Hi there, I am looking into the 10 year residency ILR. I would qualify in Oct 2016 but am concerned I've been racking up too many days outside of the UK. I've spent 589 days outside the UK so far (since Oct 12 2006 - first point of entry on a Student Visa). However I've never exceeded the 180 consecutive day limit and out of the 589 days, 72 days was for business travel. I was told that business travel and paid annual leave is exempt from the 540 day limit count - is this true?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I currently hold a Tier 2 (General) visa - since Sep 18 2012. I've previously held a Tier 4 (General Student) between Oct 3 2006 - Sep 1 2010 and a Tier 1 (PSW) from Sep 30 2010 - Sep 30 2012. I was refused a PSW on my first attempt (between Sep 1 - Sep 30 2010) on the grounds of insufficient funds but never overstayed as I submitted an appeal before my Tier 4 visa expired. I am a Malaysian passport holder. Please let me know if you need more information.
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola, thank you for the update. I dont mind waiting. Thanks again.
Expert:  Buachaill replied 1 year ago.
1. Hello, Business travel is not automatically included in reckoning the statutory periods you may be absent from the UK, but may be in relation to Tier 1 & Tier 2 visas where you are following permitted employment or economic activity the visa relates to. Annual leave is not counted towards time you have been out of the UK when on a Tier 1 and Tier 2 visa, so you are correct about this.
2. However, a couple of things might help you. Firstly, time spent in the Crown Dependencies - Isle of man, Guernsey, Sark - don't count towards the 540 days. Secondly, a period of up to 90 days between the date of entry clearance being issued and you entering the UK may be counted toward the qualifying period 10 year period, as long as it does not exceed 90 days. This can occur if you were delayed travelling to the UK. Thirdly, during the period you were on Tier 1 (2010 - 2012) your absences attributable to your sponsored or permitted employment can be counted towards being in the UK. Similarly, where your sponsor had you abroad during your Tier 2 activities, this can be discounted as well. However, this does not apply when you were on the Student visa. Fourthly, annual leave is not counted towards periods of time you were absent from the UK. Fifthly, short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. So, if for example, you take a weekend City Break in europe this does not count as being outside the uK.
3. So, you should be within the 540 days allowed for absences outside the uK. Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.
Customer: replied 1 year ago.
Thank you for your response. Just so I haven't misunderstood anything, I've summarised the following - please feel free to correct me if I am wrong.1. From Sep 30 2010 onwards (Tier 1 PSW) - I can exempt any business travel, annual leave and weekend travel from the count
2. My 10 year period starts from Oct 3 2006 (date visa is valid from) and not Oct 12 2006 (date of arrival to the UK)
3. I will need my employer to validate all dates I've been outside of the UK, starting from Sep 30 2010 onwardsThank you again.
Expert:  Buachaill replied 1 year ago.
2. Yes, that is a useful summary of the rules as applied to your case. Your employer will only be needed to validate the dates from a work point of view.
Expert:  Buachaill replied 1 year ago.
3. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the monies you have paid the website so there is no incentive to answer any more questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience: Barrister 17 years experience
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