Post
by razi.khan » Tue Apr 22, 2014 10:24 am
"Absences must be for a reason consistent with the original purpose of entry to the UKor for a serious or compelling compassionate reason"
Compelling or Compassionate reason related to deviate from the allowed absences, i.e. more than 180 days in any consecutive 12 months. These absences related to the work or personnel reason, but if your absence not related to job then its ok.
Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer must be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
Compassionate reasons will vary but can include:
24 hours,are not counted.
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation.
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken.
The continuous period is maintained if the:
applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
