Hi, I’m applying for ILR through spouse 5-year route. What is the rule on how many days I can be out of the country for in the last 12 months prior to the application? I’ve been out of the country for 100 days, most of those days were for work trips.

I will also be applying for naturalisation once I get ILR, I know there’s a max limit of 90 days out of the country in the last 12 months but do they take into consideration that they were mostly work trips?
Thank you.

Areas of Expertise: 

Public Answer: 

Dear Sir,

Thank you for your question.  

Usually, absences are looked over the last 5 year-span. The general rule for ILR is that absences must not exceed more than 450 days over the last 5 years and no more than 90 days in the last 12 months. In your situation, you may be able seek discretion however, we must understand and calculate your absences and advise you thereafter. At this stage, we request you to attend our offices for a consultation to discuss the matter further. 

Please note: this answer does not constitute legal advice.  We must have your formal instructions to provide legal advice.

Best wishes,

OTS Solicitors

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