February 9, 2012 - Qualified foreign nationals submitting an application for Indefinite Leave to Remain (ILR) will be deferred to a senior caseworker if they have spent more than 180 days outside of the UK on long business trips during the qualifying five-year period.  Applicable adjudication guidance for ILR filings is clear that absences from the UK that fall under annual leave allowances and/or short business travel are permissible while gaining time to be eligible to apply for ILR.  

The senior caseworker’s goal in reviewing long-absence cases is to verify whether the ILR applicant has accurately met all requirements during the five-year period to qualify for ILR.  When applicable, this additional process alone could add several weeks to the application process.

This alert has been provided by the BAL Global Practice group and our network provider located in the United Kingdom.  For additional information, please contact GlobalVisaGroup@balglobal.com.