Clarification of the Permitted Absence for ILR (Tier 1 General route) based on the changes introduced as on 13th Dec

The request was successful.

Dear UK Border Agency,

We understand from the Statement of Changes in Immigration Rules
published on 22nd Nov 2012 and implemented on 13th Dec 2012 that:

Changes to the Immigration Rules for indefinite leave to remain for
work permit and other pre-Points Based System employment, for
businesspersons, innovators, investors, self-employed persons,
writers, artists and composers, those here on the basis of UK
Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and
Minister of Religion migrants and retired persons of independent
means. These changes clarify that absences of up to 180 days in a
12 month period are permitted, provided the absence is for a reason
that is consistent with the migrant’s purpose of stay in the UK or
for serious or compelling reasons.

Source:
http://www.homeoffice.gov.uk/publication...

Now based on this an ILR / Settlement application through the Tier
1 General route should be judged on 180 days criteria i.e., 180
days permitted absence abroad for every year in the consecutive 5
years.

However, the question D2 on the revised SET (O) Dec 2012 version.
Is:

D2: Please confirm whether you have been outside of the UK for any
single absence over 3
months or one or more absences which amount to more than 6 month in
total during the 5 year
period:

I need clarification regarding the 90 days at a stretch absence rule and if it is still applicable for settlement applicants who were away for more than 90 days and less than 180 days at a stretch due to personal reasons.

If not then the SET (O) for Tier 1 General should not have the above D2 Question?

Can you please clarify this for me?

Please get in touch if you need further information and respond back as soon as possible.

Thank You.

Yours Truly,

Mujahid Wasim

Freedom Of Information Team ( IND ), UK Border Agency

Dear Mujahid Wasim

Re: Clarification of the Permitted Absence for ILR (Tier 1 General route) based on the changes introduced as on 13th Dec
(147399)

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond shortly.

Kind Regards
UKBA
FOI Team

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Sohel left an annotation ()

Hi,

I am sure you have had a look at this as it seems a copy paste job but if not then have a look at UKBA's response to my request....
http://www.whatdotheyknow.com/request/cl...

Thanks!

Sohel

Settlement Ops Policy Mailbox, UK Border Agency

Dear Sir/Madam,

Thank you for your enquiry regarding Question D2 of the SET(O) form. This question should have been removed from the form as it is no longer relevant.

It will be removed at the earliest opportunity, but in the meantime, any response made to this question would not disadvantage the applicant, as there is no longer a 3 month limit for a single absence. As you have correctly identified, absences must not exceed 180 days in any of the consecutive 12 month periods of the continuous period.

I trust this answers your question.

Kind regards

Ann Woodall |Settlement Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP

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Pankaj left an annotation ()

this is a good news and good clarification on this query which is answered by UKBA.