# ILR - the 180 days question



## zacjohn (Oct 14, 2012)

Hi all

I got my Spouse residence permit 2 years ago and now my visa is about to expire. I only found out a month ago that I could apply for ILR (the UKBA website is good at sending you around in circles and not much else) - but now I have a question. 

I have been out of the country for more than the collective 180 days that is allowed; on account of the fact that I work in Dubai - travelling to Dubai for a month every three months or so.

Will this affect my ILR application? I think my wife and I meet all the other requirements - just wondered if the number of days out of the country will have an adverse effect on my application.

Thanks
Zac


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## Joppa (Sep 7, 2009)

zacjohn said:


> Hi all
> 
> I got my Spouse residence permit 2 years ago and now my visa is about to expire. I only found out a month ago that I could apply for ILR (the UKBA website is good at sending you around in circles and not much else) - but now I have a question.
> 
> ...


There is no hard-and-fast residence requirement for ILR, unlike for naturalisation. Normally, provided you haven't lived more than half of your probationary period abroad, you are ok. Even if you have, provided your absences were related to your job with a UK employer (enclose a letter from them confirming this), you are likely to be approved. The fact you have maintained a home in UK with your wife remaining in UK will add strength to your application. 

Make sure you book a same-day premium service appointment for your ILR. Hope your visa doesn't expire less than 6 weeks from now, as slots are released exactly 6 weeks in advance and they go within minutes. If you can't secure an appointment, you are forced to apply by post, which carries a wait time of 6-9 months currently, unless you want to pay more and apply through a registered immigration advisor who has access to more slots.
Also make sure you take and pass the Life in the UK test, which is required for ILR.


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## zacjohn (Oct 14, 2012)

Thanks for the advice Joppa! 

Would there be an issue if my employer was not British? Also, getting the premium service bookings have been an absolute pain - I have been trying and I've got nowhere with it! So rather than wait 6-9 months, I'll probably have to take the registered immigration advisor route.


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## Joppa (Sep 7, 2009)

zacjohn said:


> Thanks for the advice Joppa!
> 
> Would there be an issue if my employer was not British? Also, getting the premium service bookings have been an absolute pain - I have been trying and I've got nowhere with it! So rather than wait 6-9 months, I'll probably have to take the registered immigration advisor route.


The guidance says:

_The applicant and their partner must live, been living or intend to live together permanently in the UK. Where limited periods of time have been spent outside of the UK this must be for good reasons and the reasons must be consistent with the intent to live together permanently in the UK. Good reasons could include time spent in connection with their or their partner’s employment, holidays, training or study.
If they have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules._

So, as I have said, no hard-and-fast rules. The fact you have been working for an overseas employer does not, in itself, disqualify you but each case is assessed on its merits. The fact that your wife has stayed behind in UK will strengthen your position. Just show sufficient evidence of your intention to live together in UK, such as house ownership/rental, UK bank accounts, membership of club or association, your wife's job in UK and her continual residence and so on.


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## zacjohn (Oct 14, 2012)

Wow - that's great info Joppa! Thanks a million! I'm particularly grateful for all this help considering you could spend a lifetime on the UKBA website and STILL end up with less info than when you started. 

Hopefully all goes well with my application! If it does - I promise to buy you a beer someday, if possible!


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## Klara1 (Oct 22, 2012)

Hi Zacjohn! (and Joppa)

I'm in exactly the same situation as you, have worked for an non UK employer and have spent some time in the UK with my spouse and some time outside (with and without him!). I'm not sure if you paid tax in UK, I haven't - I've paid tax in the country of the employer. So would really like to know how it went with your application. 
I'm thinking of doing the immigrant advisor route as well, as I have found it extremely difficult to get an appointment. We've contacted a few - they all have very different things to say... I have a month before I need to book my appointment though.

Joppa, does it invalidate my employment in some way, that I am employed by a foerign employer and havent paid any tax in teh UK?

Zacjohn, perhaps we should connect and compare notes? 

Best regards, 
Klara


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## Joppa (Sep 7, 2009)

Klara1 said:


> Hi Zacjohn! (and Joppa)
> 
> I'm in exactly the same situation as you, have worked for an non UK employer and have spent some time in the UK with my spouse and some time outside (with and without him!). I'm not sure if you paid tax in UK, I haven't - I've paid tax in the country of the employer. So would really like to know how it went with your application.
> I'm thinking of doing the immigrant advisor route as well, as I have found it extremely difficult to get an appointment. We've contacted a few - they all have very different things to say... I have a month before I need to book my appointment though.
> ...


Not by themselves, but as they say, they will take all circumstances into consideration. It mainly depends on how strong your tie is to UK - do you have a home here, do you intend to live together permanently in UK, and so on.


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## Klara1 (Oct 22, 2012)

Joppa said:


> Not by themselves, but as they say, they will take all circumstances into consideration. It mainly depends on how strong your tie is to UK - do you have a home here, do you intend to live together permanently in UK, and so on.


Thanks Joppa - whew, that's a relief to know. I think I do have sufficient evidence to show ties/ cohabitation here. I spoke to some immigrant advisors/solicitors this week. They have very contradictory things to say - leaves us more confused than ever (one even suggested not talking about foreign employment as he felt it would jeopardise my application for ILR! I've decided I'd rather be upfront with our situation because it really cant be different from what it is. Another suggested doing possibly an extension of marriage visa instead - I dont believe that helps in anyway as I have clear the life in the UK test). So I am quite muddled now (help!!!):confused2:

I am keen to go down the PEO appointment route to hasten things up (as I would like to have my passport back asap), but I am not sure if it is the right thing to do as our case is not straightforward (a) given my job and travel (evidence available) and (b) too few days in the UK because of this. The advisors seem to say it is fine to submit at a PEO with that level of complexity and that even if PEO judgements are not made the same day (likely in my case), they will be made in 2-3 weeks, faster than a postal service. Is this true? (am not sure if they are saying that as they have a vested interest in saying so!). Is it possible that they can convert it to a postal service? Or are they really quicker with a PEO application which they wish to follow up?

Thanks Klara


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## zacjohn (Oct 14, 2012)

Hi Klara

I have found out that so far thanks to Joppa and my immigration adviser that the '180 days situation' doesn't really matter for spouse visas! The most important thing that you have to prove is that you and your partner have been living together for the entire period of time since you got your visa (remember - online bills wont do - you need POSTED bills to your address, for eg., water bills, gas and electricity, council tax, GP's letter etc.). Being employed outside of the UK is a grey area. Apparently if you were unemployed, your application would be considered based on your partner's income.

The most ridiculous thing I have found out over the past week from my immigration adviser is that most applications end up rejected over stupidly pedantic reasons than actual genuine concerns over the application.

I have finally got a PEO booking for the 14th of this month - so I'll report back on how it went after I have submitted my application.

Oh and if you are still looking for an immigration adviser - get in touch with Dean at First Migration, London. They are very good!


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## Klara1 (Oct 22, 2012)

Hi Zac! 

Thanks for getting back. Yes, one of the immigrations advisors actually suggested not showing my overseas employment!! I am not sure how smart that is - as my passport is full of stamps! He suggested going by just on my spouse's income

We tried calling First immigration this week, even left a message on Tuesday but didnt get any reply! 

Do you have a number I can call you on? Am not sure how we exchange those details on this forum! 

Good luck for the 14th! Let me know how it went!

Thanks,

Klara


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## Klara1 (Oct 22, 2012)

PS: Zac, I tried to get in touch with you via the members list, but couldn't find your name. I looked up zacjohn...wasn't listed! 
Klara


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## zacjohn (Oct 14, 2012)

I'm a newbie on this forum so dont really know how all of it works - dont know why I'm not listed!

First Migration - Contact Dean or Aggie - 02031782048

With regard to not showing any documents - I'd suggest taking EVERYTHING with you so that when you are asked for any more info or documents, you can present it immediately.

If you get in touch with Dean or Aggie, they will give you a clear list of all the documentation you need and suggest the best way to prepare your application. It was definitely a relief talking to someone who actually knew exactly what to do!


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## Klara1 (Oct 22, 2012)

Thanks Zac, 
I posted you a private message just now. Let me know if you got it! 
A


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## zacjohn (Oct 14, 2012)

I went for my Premium Booking Service today and got it all done - it was a bit of an anti-climax. The only thing that the assessor was interested in was the co-habitation bills and tenancy contracts and our joint account bank statements. We had included six months of our joint account as a precaution and thats all she wanted to verify income!

My advice for anyone applying for ILR is - carry everything with you and that way you can provide them with everything. 

Hope this helps!

Zac


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## Klara1 (Oct 22, 2012)

Congratulations Zac! that must be a relief! Thanks for sharing your experience. Klara.


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