I currently hold HSMP / Tier 1 status and will be applying for indefinite leave to remain after a lawful five year stay in the UK. What are the allowed absences from the UK when applying for indefinite leave to remain?

The UK Border Agency can use discretion when considering absences from the UK during the residential qualifying period when you apply for indefinite leave to remain (settlement).

In assessing whether you have fulfilled the requirement to have spent five years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided you can prove that you have clearly continued to be based in the UK.

During the five year period, you should not have been absent from the UK for more than 450 days of which no more than 90 days should have been taken in the last 12 months. If you have excessive absences and they were mostly work related, providing that your employer or past e ployers are happy to provide a letter providing the reasons for such absences, we could request that an application be considered on a discretionary basis.

If you have longer absences abroad and the absences were for compelling grounds either of a compassionate nature or for reasons related to your employment or business in the United Kingdom, discretion may be exercised when considering the application. None of the absences abroad should be of more than three months and they must not amount to more than six months in total.

If you have spent less than half your time in the United Kingdom your application for indefinite leave to remain will be refused and you may not be granted a further extension.