Absence Calculation - Complication (sort of a puzzle!)

itsprabu wrote:=====================================
My Tier-1 was valid from 11April2010.

But i entered UK for the first only only on 12June2010 for a week (not on employment but to check with consultants on the job market). So landed in UK on 12June2010 and exited on 19June 2010.

Then i came to UK on employment (though a transfer) and landed in UK on 16Oct2010.

Exactly on 12April2011 (Note: i.e., one year after my Tier-1 stamping) i travelled outside UK for 23 days and entered UK on 05May2011.

Now refer also to (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

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My queries are relating to question no.6.1/6.2 of Set O form.

1. Can i make ILR application on say 12April2015? Yes; you can apply 28 days advance to 11-04-2015 i.e on 14-03-3-2015 as your holidays = 118 (20-06-2010 to 15-10-2010) or 169 Max detailed below.

2. Say if i state the start date in q.no.6.1 of the form as 11April2010 and take that date as start date for 5 year calculation then in the 1st year i'm exactly 181 days away from UK (which is in breach of 180 days regulation). No; I think your cals is WRONG (Use days calculator & excluded day of entry & exit); so 11-04-2010 to 11-06-2010 = 51 days & 20-6-2010- 15-10-2010 = 118 days; Total = 169< 180 days. Also 11-4-2010 to 11-06-2010 will not be considered as holidays but towards qualifying period. Someone senior to confirm this.

3. So if i state 12April2010 as start date in q.no.6.1 and take that date as start date for 5 year calculation then in the first year i'm exactly 180 days away from UK. No start from 11-04-2010 so that leave from 12-4-2011 can go into next year

4. With that in mind, the second year in that case will start on 12April2011. Now if you refer on top, i mentioned that i was again away from UK but just for 23 days starting 12April2011! until 05May2011. This will be considered in 2nd years and again <180 days in 2nd year

5. Finally if you refer to the link above which is a .pdf document, in page no.20. What do they refer to "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". Will my application with date as 12April2015 will be accepted? I think this is for other catagories like Tier 2 7 WP etc
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I never involved a solicitor in the past for my first Tier-1 application, my application renewal, wife's student visa, her PSW application, then her shift into my visa as dependent OR my son's dependant visa. This is the first time i'm bit nervous and have a feeling i need to involve a solicitor. But before i go for a consultation i just want to check in the forum for some expert advise.

Any help will be much appreciated.

Best Regards....

Sarfi wrote:

itsprabu wrote:=====================================
My Tier-1 was valid from 11April2010.

But i entered UK for the first only only on 12June2010 for a week (not on employment but to check with consultants on the job market). So landed in UK on 12June2010 and exited on 19June 2010.

Then i came to UK on employment (though a transfer) and landed in UK on 16Oct2010.

Exactly on 12April2011 (Note: i.e., one year after my Tier-1 stamping) i travelled outside UK for 23 days and entered UK on 05May2011.

Now refer also to (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

=====================================
My queries are relating to question no.6.1/6.2 of Set O form.

1. Can i make ILR application on say 12April2015? Yes; you can apply 28 days advance to 11-04-2015 i.e on 14-03-3-2015 as your holidays = 118 (20-06-2010 to 15-10-2010) or 169 Max detailed below.

2. Say if i state the start date in q.no.6.1 of the form as 11April2010 and take that date as start date for 5 year calculation then in the 1st year i'm exactly 181 days away from UK (which is in breach of 180 days regulation). No; I think your cals is WRONG (Use days calculator & excluded day of entry & exit); so 11-04-2010 to 11-06-2010 = 51 days & 20-6-2010- 15-10-2010 = 118 days; Total = 169< 180 days. Also 11-4-2010 to 11-06-2010 will not be considered as holidays but towards qualifying period. Someone senior to confirm this.

3. So if i state 12April2010 as start date in q.no.6.1 and take that date as start date for 5 year calculation then in the first year i'm exactly 180 days away from UK. No start from 11-04-2010 so that leave from 12-4-2011 can go into next year

4. With that in mind, the second year in that case will start on 12April2011. Now if you refer on top, i mentioned that i was again away from UK but just for 23 days starting 12April2011! until 05May2011. This will be considered in 2nd years and again <180 days in 2nd year

5. Finally if you refer to the link above which is a .pdf document, in page no.20. What do they refer to "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". Will my application with date as 12April2015 will be accepted? I think this is for other catagories like Tier 2 7 WP etc
=====================================

I never involved a solicitor in the past for my first Tier-1 application, my application renewal, wife's student visa, her PSW application, then her shift into my visa as dependent OR my son's dependant visa. This is the first time i'm bit nervous and have a feeling i need to involve a solicitor. But before i go for a consultation i just want to check in the forum for some expert advise.

Any help will be much appreciated.

Best Regards....

itsprabu wrote:

Sarfi wrote:

itsprabu wrote:=====================================
Sorry for calcs mistake pointed out; its not 51 but 61 days. Use http://www.timeanddate.com/date/duration.html
1st Visa 11/04/2010 Entry 1st 11/06/2010 (61)
Exit 1st 20/06/2010 Entry 2nd 15/10/2010 (118)
Exit 2nd 13/04/2011 Entry 3rd 04/05/2011 (22)
Exit 3rd 21/10/2011 Entry 4th 25/10/2011 (4)
Exit 4th 30/05/2013 Entry 5th 20/06/2013 (21)
Total Days Absent (229)

7. Also, can period of absence be considered even before the first entry into UK? If so, are you saying that for q no.6.1 in the Set O form, i can state 12Apr2010 as first entry to UK; No Entry date will remain 12-06-2010 and days b/w entry and start date of visa if less than 90 will be considered as qualified time and capture the below table in a covering letter (instead of q.no.6.2)?

1st Year 12/04/2010 11/04/2011 (61+118)
2nd Year 12/04/2011 11/04/2012 (22 + 4)
3rd Year 12/04/2012 11/04/2013 (0)
4th Year 12/04/2013 11/04/2014 (21)
5th Year 12/04/2014 11/04/2015 (0)
Total Days Absent (228)

8. What should i capture in q.no.6.2 of Set O form against "Reason for absence" column? Leave Blank; Tier 1 doesn't need to put down reason as long as <180

9. What should i state/provide evidence for my the 62/61 days and also 118 days absence. Just a copy of relevant visa stamping page in my passport? Yes and in the cover letter clarify that your late entry is within permisible 90 days etc

10. For a case such as this, do you think i should take the in person or Postal service - mind you i may go through a solicitor! (though as mentioned earlier i never used in person/solicitor service in the past). Doesn't matter. This is all as per my understanding without any legal obligation

Sorry to bulldoze you with multiple queries, its a shame that i don't have many friends in this country and hence reaching out to ppl through this forum. Thanks in advance for your advice.

Sarfi wrote:Also as I said before that late entry days are considered as qualifying period for ILR but not SURE whether these days are taken as absence days. Probably should not be absence but regular resident days and will not be counted towards absence days. Hope some senior will confirm this for you.