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kunalr · Newbie Joined: 24 Sep 2012 Posts: 1

I am applying for my ILR at the start of next week at the Sheffield PEO. However, I’ve got some doubts about my application after I filled up the SET(O) form yesterday. The form asks for all the absences abroad during the 5-year period with reasons and the total number of absences in the 5-year period should not exceed 180 days and no single absence should exceed 3 months.

I have had multiple short-trips abroad for project purposes and the total number of days I’ve been abroad is 174 (this also includes vacation). The count is based on full day absence calculation. For example, if I have left the UK on the 24th and come back to the UK on the 27th of the same month, I’ve only counted this as a 2-day absence – hope this is correct!

To summarize my case, I’ve had 3 business trips absences along with annual vacations abroad. For 2 of the business trip absences (one being 31 days and other one 10 days), I did earn UK salary and continued to be employed in the UK branch. However, for the 3rd business trip absence (70 days), I left the UK and was working with the offshore base of the company. I did not earn any UK salary during this period, however I did earn salary in Indian rupees. The problem I’ve got is that my employer is not ready to provide me with any letter to confirm any of the business trips.

Will this be a problem? Is the letter from employer a absolute must or is it required only when the number of absences abroad exceeds 180 days? Can someone also comment on the method of calculating the absences abroad?

Any help on this would be much appreciated.

Thanks.

sushdmehta · Posted: Mon Sep 24, 2012 10:27 pm Post subject:

1. FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting
2. If you wish work related absences and absences during annual paid leaves to be disregarded, you'll need to provide supporting evidence (letter) from the employer. Else, all absences will be counted as "personal" and contribute towards the 180.
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barua · Junior Member Joined: 03 Jun 2009 Posts: 34

Hi sushdmehta,
In my case I have a business trip of 7 days and don't want this to be discounted as i'm well within 180 days. Since I have mentioned this trip in the absences as business trip should I still include a letter from employer to prove it?
thanks,
Mrs Barua

uksettlement · Sage Joined: 04 Mar 2012 Posts: 730 Location: London

barua,

Not needed.
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Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

barua · Junior Member Joined: 03 Jun 2009 Posts: 34

Thanks uksettlement.

carlos2011 · Junior Member Joined: 20 Feb 2011 Posts: 12

Everybody applying for ILR should note that UKBA has published new guidance on calculating absences abroad. It says it applied since July 2012, but I suspect it was not actually published till later. Here is the guidance:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

The guidance now says that there is an upper limit of 180 days for short business trips and short holidays abroad and that longer absences break continuity. The previous guidance did not have an upper limit for short breaks like that, although it seems some caseworkers treated it as if it did. The new guidance is a rule change rather than a clarification. If you now unexpectedly fall foul of the new guidance it would be best to consult a good lawyer who understands the area very well.