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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Help I have got a question, I live in the UK and got granted

Resolved Question:

Help I have got a question, I live in the UK and got granted a tier 1 visa in June 2009, moved the country in November 2009 , extended a 3 year visa to 2 more years last year and ready to apply for ILR next year in October. My question is over this 5 years period of time, how many days over 5 years could I be away from the UK in total? Thanks
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
You should not have been outside the UK for more than 180 days in any of the 5 consecutive 12-month periods prior to submitting your application.

Further details can be found here:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/settlement/
Customer: replied 11 months ago.
Dear expert, thanks I have read it I guess I do not simply understand the meaning, so it is not 180 days in total over 5 years but in any 12 months. Meaning I could have been away for 300 days as long as it does not fall within 12 months I am fine, yes?
Also with this new rule of the English test implemented this coming October, do I need to take any English test for ILR if I had proved my English earlier in the process during my tier 1 applications. Many thanks
Expert:  Howard replied 11 months ago.
Nearly. The old rule was 180 days in total within the 5 years. Toward the end of 2012 they changed this rule.

If you applied in October 2013 then you would be looking at the 12-month periods of November 2008 to October 2009, November 2009 to October 2010, etc - you must not be out of the UK for more than 180 days in any of those 12-month periods. You should be aware that this is not designed to enable you to simply live outside the UK for up to 6 months each year - significant absences should be for business purposes. This is made clear on the page that I linked to earlier.

You will need to evidence your English Language ability but the qualification you have used in your Tier 1 applications should also be accepted for ILR. Until we see the new rules and new forms we do not know if you will need to supply the degree or not.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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