Advice on 180 days absence - Indefinite leave to remain

Hello Members,

I am due to apply for my ILR status in UK, currently on tier1 entrepreneur. I have been out of the country for more than 180 days at a stretch. Need some advice.

Q1. I travelled from London to UAE on 2nd Dec 2011, stayed there for a month and from there to India, and I came back to London on 2nd June 2012. When I am calculating the number of days I have been out of country, its coming upto 183 days.

Q2. On my passport there is no exit stamp from Heathrow, and the entry clearance stamp at Dubai airport is of 4th Dec (i couldn't get visa immidiately and have to stay at dubai airport for 2 days). And then the entry stamp at Heathrow is for 2nd June 2012. And if I consider these dates (4th Dec to 2nd June) then the total no. of days are 181 days.

Q3. Do i need to include the travel dates as well. If i go with the consideration that home office won't cross check my travel dates and solely go with the passport stamps which is 4th Dec to 2nd June (which are accumulating to 181 days), if i atleast exclude one date then, it might go down to 180 days.

Any advice please....

Desertking87 wrote: ↑

Sat Apr 20, 2019 6:56 pm

Hello Members,

I am due to apply for my ILR status in UK, currently on tier1 entrepreneur. I have been out of the country for more than 180 days at a stretch. Need some advice.

Q1. I travelled from London to UAE on 2nd Dec 2011, stayed there for a month and from there to India, and I came back to London on 2nd June 2012. When I am calculating the number of days I have been out of country, its coming upto 183 days.

Q2. On my passport there is no exit stamp from Heathrow, and the entry clearance stamp at Dubai airport is of 4th Dec (i couldn't get visa immidiately and have to stay at dubai airport for 2 days). And then the entry stamp at Heathrow is for 2nd June 2012. And if I consider these dates (4th Dec to 2nd June) then the total no. of days are 181 days.

Q3. Do i need to include the travel dates as well. If i go with the consideration that home office won't cross check my travel dates and solely go with the passport stamps which is 4th Dec to 2nd June (which are accumulating to 181 days), if i atleast exclude one date then, it might go down to 180 days.

Any advice please....

The date of departure and date or arrival in UK is not counted towards the absence. You left UK on 2nd Dec 2011 and arrived back to UK on 2nd June 2012. You cant change these dates even tho there is no exit stamp from heathrow. That would be deception. You must have got an entry stamp in Dubai? Where did you stay for 2 days?

Your absence is 181 days excluding the date of arrival and date of departure.

You might add a cover letter and back up your argument with exceptional circumstances that your visa was delayed but that is at HO discretion to accept or not.

Yes you have to add travel dates. Plus your passport would show indian visa granted on 4th Dec. You cant just put departure date from heathrow for 4th. They take deception seriously.

The dates you indicated are 2011 and 2012, this dates are definitely more than five years counting backwards from now and you mentioned it’s Tier1 entrepreneur route, how come you spent more than five years to qualify for ILR. Can you state your timelines so we can help.

bizman wrote: ↑

Sat Apr 20, 2019 7:24 pm

The dates you indicated are 2011 and 2012, this dates are definitely more than five years counting backwards from now and you mentioned it’s Tier1 entrepreneur route, how come you spent more than five years to qualify for ILR. Can you state your timelines so we can help.

Great spotting! I overlooked it. OP must have switched over to Tier 1 Ent later on. In that case you should only be worried about last 5 years. 2011 and 2012 does not matter.

Thanks for the reply members,

i was at one of the hotel at Dubai airport terminal. As 2nd December is UAE formation day, my agent couldn't process my 1 month visit visa for Dubai, it only got processed on early morning of 4th.

Also, I am applying on the basis of 10 years, not through 5 year Entrepreneur. This means I have to consider year 2011 and 2012 as well.

I was on Post study work visa during this tenure. My tier 1 visa application got refused in 2013 and i got tier 1 visa in 2016. And i am about to complete my 3 years of Entrepreneur visa next month. As i am eligible for 10 years route for ILR, i want to go this route.

Coming back to exit stamp on Heathrow airport, I am providing HO the details which are on my passport, I could say that it was long back, almost 8 years ago and i did not remember what date i left UK, neither i got ticket copy nor any acknowledgement of when i left the country. I can even defend my words saying that i just checked the dates on passport. As i was at Dubai airport terminal hotel, even they cannot provide information as to when i actually boarded the flight or alighted from flight.

Any chance of above Scenario ?

True I would not remember the date 8 years ago if I dont see my passport stamp or have evidence of tickets etc. Still I cant comment further. Wait for someone else to respond as you are only short of 1 day.