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Topic: ILR Under 10 Year Continuous Residence -- absences over 540 days due to business  (Read 116 times)

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Hi All,

I have been living in the UK for almost 10 years first under Tier 2 ICT, then Tier 1 Entrepreneur, now on Tier 2 General. I want to apply for ILR under 10 year continuous residence this April. However, I have been out of the country more than 540 days over 10 years, mostly because of short business trips. I've not lived anywhere else nor have had absences greater than two months. In total, I have been out of the country around 680 days, with around 300 days for business trips. If I deduct the business trips, I would have been out of the country for 380 days, under the 540 day limit.

I've had conflicting advice from solicitors. I spoke to one solicitor who said I will likely be granted an exception. She said I need to have my employers write letters for me stating the travel was mandatory for business purposes and the company paid all my expenses.

Another solicitor I spoke to said that exceptions used to be easy for business travel, but are much harder now. She said that it was unlikely I will be granted an exception for business travel.

Can someone give me their view? What do you think my chances are? Any recent cases where this type of exception has been granted?  I know that exceptions have been granted when applying after a 5 year Tier 1 or 2 visa.   I am looking for any exceptions granted applying through the 10 year continuous residence route.

Thank you in advance!


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Hi All,

I have been living in the UK for almost 10 years first under Tier 2 ICT, then Tier 1 Entrepreneur, now on Tier 2 General. I want to apply for ILR under 10 year continuous residence this April. However, I have been out of the country more than 540 days over 10 years, mostly because of short business trips. I've not lived anywhere else nor have had absences greater than two months. In total, I have been out of the country around 680 days, with around 300 days for business trips. If I deduct the business trips, I would have been out of the country for 380 days, under the 540 day limit.

I've had conflicting advice from solicitors. I spoke to one solicitor who said I will likely be granted an exception. She said I need to have my employers write letters for me stating the travel was mandatory for business purposes and the company paid all my expenses.

Another solicitor I spoke to said that exceptions used to be easy for business travel, but are much harder now. She said that it was unlikely I will be granted an exception for business travel.

Can someone give me their view? What do you think my chances are? Any recent cases where this type of exception has been granted?  I know that exceptions have been granted when applying after a 5 year Tier 1 or 2 visa.   I am looking for any exceptions granted applying through the 10 year continuous residence route.

Thank you in advance!

Welcome to the forum.

Assuming no more absences from now on, how long would it take you to fall below the 540 days? How long until your current visa expires and is it likely to be renewed?

March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Are you counting the days correctly?  You don't count the day you left the UK or the day you returned.  So if they were short trips, this may bring your total down.

For example, a trip where you left on Monday and returned on Wednesday would only be one day (Tuesday), as you were in the UK on Monday and Wednesday.

The second solictior is correct.  They have cracked down on this and exceptions are few and far between.


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Thanks for the responses.  Unfortunately, I've counted the days correctly.   

Also, with my job it's impossible for me not to travel, so it will be difficult for me to get under the 540 days ever. 

In July 2021, I will be here 5 years under a Tier 2 General visa.   The second lawyer recommended I wait until then to apply since the terms of the Tier 2 General have generous travel allocations - 180/year.  Unless of course they change this stipulation, which they might,  I just want to change jobs now and want the right to do so without being sponsored.

This is so frustrating and really an unfair and stupid policy.  It's unbelievable to me that the Home office would want to exclude high paid and highly skilled international people who have lived here continuously paying taxes for 10 years.  The other frustrating thing is that my job stays in the UK because of me.  If I left, my job would be relocated to the US... along with my tax revenue for the UK.   

Thanks for your help!


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Thanks for the responses.  Unfortunately, I've counted the days correctly.   

Also, with my job it's impossible for me not to travel, so it will be difficult for me to get under the 540 days ever. 

In July 2021, I will be here 5 years under a Tier 2 General visa.   The second lawyer recommended I wait until then to apply since the terms of the Tier 2 General have generous travel allocations - 180/year.  Unless of course they change this stipulation, which they might,  I just want to change jobs now and want the right to do so without being sponsored.

This is so frustrating and really an unfair and stupid policy.  It's unbelievable to me that the Home office would want to exclude high paid and highly skilled international people who have lived here continuously paying taxes for 10 years.  The other frustrating thing is that my job stays in the UK because of me.  If I left, my job would be relocated to the US... along with my tax revenue for the UK.   

Thanks for your help!

There's no logic behind the immigration rules.  Trust me, if you try to apply logic, you'll lose the will to live!  ;D

*survivor of a Tier 2 visa and now a naturalised citizen


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