ILR 180 whole days absence

[SK2015]

Dear Members,

I am currently on Tier1 General and planning to apply for ILR.

Following are the year, dates and total Absences I have. I am already having Employer letter for 113 days mentioning its "offshore project work" and Annual leave for other absences shown below.

Do I need to be worry about anything here while calculating "continuous period".

Reason I am asking as UKBA guideline has mention about Year 5,4,3,2 but not any where 1. Am I considering year right here, UKBA
guidlime mentioned they always count backward.

Total Absense Day
Year 1 21-Jan-16 22-Jan-15 ===> 25
Year 2 21-Jan-15 22-Jan-14 ===> 24
Year 3 21-Jan-14 22-Jan-13 ===> 42
Year 4 21-Jan-13 22-Jan-12 ===> 0
Year 5 21-Jan-12 22-Jan-11 ===> 113

Regards,

Sunil

[mnaeem126]

In my view it is alright, no problem. All are absences for each year are less than 180 days so would not be a problem at all.

[venkatasureshs]

Yes,the absences were fine in your case.

[cs95tdg]

Totol Absence Day
Year 1 21-Jan-16 22-Jan-15 ===> 25
Year 2 21-Jan-15 22-Jan-14 ===> 24
Year 3 21-Jan-14 22-Jan-13 ===> 42
Year 4 21-Jan-13 22-Jan-12 ===> 0
Year 5 21-Jan-12 22-Jan-11 ===> 113

Your absences should be calculated going back from your ILR application date. As it is now June 2015, you should recalculate based on the date you intend to submit your application.

[SK2015]

Thanks Everyone.

I am planning to apply this on 21-Jan-16 or in that week before 28th Jan 2016.

Regards,

Sunil

[cs95tdg]

Ok, in that case the yearly absence breakdown seems fine. A separate question, were you paid (with HMRC tax & NI contributions) in the UK during your 113 day absence (I.e. where you have a letter from your employer)?

[SK2015]

No, I have not. I was on allowance model and you don't get allowance if you are not in UK and back in your base location.

[cs95tdg]

No, I have not. I was on allowance model and you don't get allowance if you are not in UK and back in your base location.

I'm not sure what the model you refer to is, however if you were employed & paid outside the UK, that may be seen as a break in continuous residence. You may want to search this forum for other experiences.

I presume you were paid in the UK over the remaining residence period? Do you have P60's or HMRC employment history to cover your ILR residence period?

[SK2015]

I have all the P60 with me. I am paying far more Tax and NI then I needed for my points.

[SK2015]

What evidence you need to prove 5 year staty? is it only P60/P45 or something else?