Anyone had their ILR rejected for time spent outside UK?

[SidB]

All,

I have been in the UK for 4 year on a combination of WP/HSMP and am due for ILR next year. However, like many others here, I am also concerned about the number of days I've been absent from the UK.

I get 30 days paid holiday from work and I have utilised this to the maximum to travel outside the UK as most (infact all) of my family are outside the UK.

I called the Home Office BIA Helpline and asked them about Annex F suggesting that the total absence should not exceed 180 days. The lady over the phone answered that she is not aware of any such guideline and if I can demonstrate that i've been in the UK continuously, then short absences "will not be a problem". She infact went to the extent of telling to send an email to the Home Office to get written confirmation of this.

I have sent an email to the Home Office but they are evading the answer to the question but I'm being persistent with them (rather politely) to get the "official" view on this. They've simply stated that short absences are not a problem with no reference to 180 days which technically I can take with me when I go for my ILR.

I've spoken to 4 immigration consultants as well and all of them have said that they've represented clients which have taken up to 90 days off EACH YEAR and they've been successful provided there are no absences of 3 months or more (which is clearly the case on my part).

I know Annex F says 180 days but I personally find the text difficult to understand cos the condition of 180 days is caveated with a line saying that this applies where "continuous residence requirement is not met". Infact, the opening line says that short absences will not affect the application.

I'm not sure what to take away from the above, it seems to be a classic case of different ppl in the home office suggesting different things but I thought I'll share my version with you all.

If I do get a response from the home office, I'll post it here.

Cheers.

[SidB]

The following is one of the replies I have recd from the home office:

Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that one of the main requirements relating to settlement on work permit employment is that the applicant "has spent a continuous period of 5 years in the United Kingdom in this capacity.

Short breaks or business trips are acceptable.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

[vic]

So I imagine that none of the active members here know anyone whose ILR had been rejected purely for reasons of excess absences ?

[SYH]

I believe the 180 days critieria is specifically for the last year of the 5 year period. Which is why she didn't know of any such 180 day TOTAL absence that you are referring to.
It is the 90 day continuous absences at a time that you have to worry about which is in line with attorneys who have explained to you that they have had clients who have been successful with such absences per year.
Also it is telling where on the appication the HO specifically asks for 3 month absences

[vic]

Also it is telling where on the appication the HO specifically asks for 3 month absences

No longer the case - now the form asks for ALL absences.

[SYH]

Also it is telling where on the appication the HO specifically asks for 3 month absences

No longer the case - now the form asks for ALL absences.

You missed my point, it specifically asks for 3 months absences, because this can cause your application to be rejected but yes you are to list all absences

[vic]

This thread has run for a while now & Im amazed to notice that no one has been able to quote or refernce any particular case, that they might know of, where ILR might have been rejected purely on grounds of excess time outside UK in the ILR qualifying period !!!!

I wonder if we all make absences to be too big an issue, if slight exceeds do not matter ?? (or maybe I am the only one making a concern out of nothing - & worrying invain )

[firstime]

By now there seems to be nobody get any problems with too many days of absense , right?

[global gypsy]

This thread has run for a while now & Im amazed to notice that no one has been able to quote or refernce any particular case, that they might know of, where ILR might have been rejected purely on grounds of excess time outside UK in the ILR qualifying period !!!!

Maybe such people are not in the UK any more and hence have lost interest in this forum?

[latansingh]

p60s... bank statments and pay slips.. i dont keep them any more... i like them in the trash.. i have three more years to apply for ILR.. do i need to start collecting and saving.. what do i do of the payslips that i have trashed?? the last time i renewed my work permit all they required is last 3 months of bank statments.. any help?

[jazbaati99]

Well I can only suggest as a general rule to keep these documents safe (P60's, payslips, bank statements etc) atleast until the time you are naturalized. Now you can always order duplicate bank statments (they may charge you for this) that would show your salary being paid into your account. Moreover for your P60's, did you ever fill a tax return? If so the information will be with HMRC that may be obtained?

If I was you, I would be very careful with these documents in future.

[Smit]

Look for posts by a member called "British", I believe his spouse had problems applying for ILR because of excess absence from the UK.

[vic]

Look for posts by a member called "British", I believe his spouse had problems applying for ILR because of excess absence from the UK.

You are right Smit - I looked it up. It seems they had an absence of 5.5 months in the 2 year qualifying period - but she did eventually get the ILR.

[limey]

My wife was refused ILR in the UK because she was out of the country for 19 months out of the 2 years for personal and business reasons.

Also, no offer of further leave to remain was offered and she was informed she should leave the UK at the3 end of her 2 years LLR (April 2007) or she would be forcibly removed!

She is now back in China whilst I am in the UK.

They also said that we do not have a genuine marriage which is complete and utter GARBAGE!!!

[vic]

Hello all,

heeeeehaaaawwwwww !!

got my ILR today at croydon.

my experience
although my appointment was for 9am I landed early at 8am & was into the building early after the security check. By 8:25am I had seen the guy on ground floor counter who checked if I had all the requisite papers & reviewed my previous contacts with HO in his computer (basically a previous change of work permit) - he also checked by passport to ensure I had the requisite entry clearance & that I had almost done my 5 years. Then went onto 1st floor to pay the £950 and was then on 2nd floor, awaiting my number to be called by a caseworker, at 8:35am.

My number got called by a caseworker at about 9:10am where I had to sit on the other side of a glass counter (& could almost clearly hear the conversations of the other applicants sat on the neighboring counters ---- basically theres an endless row of counters). The caseworker was really nice. It it took me about 40 minutes in all at the counter - while she was going through my application & typing into the computer. i got my passport back with the ILR sticker at about 11:10 am

re: absences
the caseworker looked very keenly on the section 6 (I took all the 8 rows -- but didnt need to attach any new sheet). She then calculated the number of days & added them up. I was out 195 days by her calculation. I explained to her that the annex F clearly states that absences 'consistent with paid annual leave' are fine and that my employer's letter clearly stated that I am entitled to 7 weeks annual leave per year (i work weekends & bank holidays ---- so bank holidays get added to my annual leave allowance ....basically i take them anytime just like annual leave). Also I had another letter from my employer to say that I had been away doing a research study abroad last year & that this was funded by them ...... she then asked to see my pay slips for those months. She then told me that the case will need to be referred to a senior caseworker but told me not to worry as I was paid in the uk (using pay slips as evidence) while I was away during that particular 10 week absence - she then went off with my papers and came back after 10 minutes to say that it had been approved. i didnt get to see the senior caseworker.

i hope i have given you an insight of how they handled my case today. Please post here if you have any questions/ comments & I will try my best to answer them.

good luck to all who are yet to apply ----- & remember to take as much supporting evidence with you as you can to justify your absences.

P.S. - Thanks to you all (& this forum) for your guidance when I was preparing my application. A special thanks to Victoria for replying to my PM ----- as you can see, I followed all of your advice.

[VictoriaS]

Well done. You were lucky to get an intelligent caseworker, but you were obviously very well organised, which always helps.


Victoria

[peejay]

Dear All,

Does anybody knows - what happens in cases involving no absences abroad (other than small periods allowed), but there is break of authorised employment of around six month (while still residing in UK on student visa completing a degree) then what are the criteria so that periods may be aggregated or shortfalls disregarded.

Many thanks in advance

Peejay

[IMMIGRATION LAWYER]

Not to exceed 180 days out of the UK in 5 years if you want your application to be decided on the same day.

Could be slightly more if there was a need for you to travel under your work arangements.

Significant time spent in the UK (in the case of my recent client, 300 days) has resulted in teh application being refused and then further dismissed by the AIT...

[badmaash]

from what is clear that there is no clear legislation on time spent outside the uk

so really it seems upto the caseworker and this is the dodgy part as if he/she could be a dearly beloved and reject you

and telling someone that youre marriage is a sham marriage then that is for sure not acceptable

[was]

Hello,

I apologise in advance, as this question is not a new one.

Has anyone had their ILR rejected purely for being out of UK for over 6 months during the last 5 years ?

If so, how many days had you been out of the country in total ?

I'm just curious to find out how much time, over the allowed 6 months, are the Case Workers willing to ignore as this question seems to keep cropping up on this forum. (Ofcourse, I have my own ineterest here too - I have been out of UK for about 7 months in all over the last 5 years & none of these were employment/ business related).

What do you think - how reasonable are the case workers in Croydon when it comes to calculaitng leave outside UK ?

Many thanks in advance,

Vic

Hi vic
I sail in the same boat as u. My absenses are much more than urs. I was out of country for 404 days. Iam planning to apply in first week of october. I just bought a study guide for life in uk and gone through a paragragh about the qualifing residence. It states "you must not have been absent for more than 90 days in the last 12 months. Also you must not have been absent for more than 450 days in the five years prior to the date of your application." Well here i dont understant its for british citizenship or for indefnite leave to remain. I would here request senior members to comment on this.

[was]

Hello all,

heeeeehaaaawwwwww !!

got my ILR today at croydon.

my experience
although my appointment was for 9am I landed early at 8am & was into the building early after the security check. By 8:25am I had seen the guy on ground floor counter who checked if I had all the requisite papers & reviewed my previous contacts with HO in his computer (basically a previous change of work permit) - he also checked by passport to ensure I had the requisite entry clearance & that I had almost done my 5 years. Then went onto 1st floor to pay the £950 and was then on 2nd floor, awaiting my number to be called by a caseworker, at 8:35am.

My number got called by a caseworker at about 9:10am where I had to sit on the other side of a glass counter (& could almost clearly hear the conversations of the other applicants sat on the neighboring counters ---- basically theres an endless row of counters). The caseworker was really nice. It it took me about 40 minutes in all at the counter - while she was going through my application & typing into the computer. i got my passport back with the ILR sticker at about 11:10 am

re: absences
the caseworker looked very keenly on the section 6 (I took all the 8 rows -- but didnt need to attach any new sheet). She then calculated the number of days & added them up. I was out 195 days by her calculation. I explained to her that the annex F clearly states that absences 'consistent with paid annual leave' are fine and that my employer's letter clearly stated that I am entitled to 7 weeks annual leave per year (i work weekends & bank holidays ---- so bank holidays get added to my annual leave allowance ....basically i take them anytime just like annual leave). Also I had another letter from my employer to say that I had been away doing a research study abroad last year & that this was funded by them ...... she then asked to see my pay slips for those months. She then told me that the case will need to be referred to a senior caseworker but told me not to worry as I was paid in the uk (using pay slips as evidence) while I was away during that particular 10 week absence - she then went off with my papers and came back after 10 minutes to say that it had been approved. i didnt get to see the senior caseworker.

i hope i have given you an insight of how they handled my case today. Please post here if you have any questions/ comments & I will try my best to answer them.

good luck to all who are yet to apply ----- & remember to take as much supporting evidence with you as you can to justify your absences.

P.S. - Thanks to you all (& this forum) for your guidance when I was preparing my application. A special thanks to Victoria for replying to my PM ----- as you can see, I followed all of your advice.

congrats vic
Iam planning to apply for ilr in first week of october plz can u tell me what all document did u take to HO. and what documents they checked particularly. i will be very grate ful if u can post the content of letters by ur employer here or email me on cheekywas@yahoo.co.uk My absenses are 404 days and what supporting doucment do i need to cover this period. plz email me

cheers
was

[was]

Hello all,

heeeeehaaaawwwwww !!

got my ILR today at croydon.

my experience
although my appointment was for 9am I landed early at 8am & was into the building early after the security check. By 8:25am I had seen the guy on ground floor counter who checked if I had all the requisite papers & reviewed my previous contacts with HO in his computer (basically a previous change of work permit) - he also checked by passport to ensure I had the requisite entry clearance & that I had almost done my 5 years. Then went onto 1st floor to pay the £950 and was then on 2nd floor, awaiting my number to be called by a caseworker, at 8:35am.

My number got called by a caseworker at about 9:10am where I had to sit on the other side of a glass counter (& could almost clearly hear the conversations of the other applicants sat on the neighboring counters ---- basically theres an endless row of counters). The caseworker was really nice. It it took me about 40 minutes in all at the counter - while she was going through my application & typing into the computer. i got my passport back with the ILR sticker at about 11:10 am

re: absences
the caseworker looked very keenly on the section 6 (I took all the 8 rows -- but didnt need to attach any new sheet). She then calculated the number of days & added them up. I was out 195 days by her calculation. I explained to her that the annex F clearly states that absences 'consistent with paid annual leave' are fine and that my employer's letter clearly stated that I am entitled to 7 weeks annual leave per year (i work weekends & bank holidays ---- so bank holidays get added to my annual leave allowance ....basically i take them anytime just like annual leave). Also I had another letter from my employer to say that I had been away doing a research study abroad last year & that this was funded by them ...... she then asked to see my pay slips for those months. She then told me that the case will need to be referred to a senior caseworker but told me not to worry as I was paid in the uk (using pay slips as evidence) while I was away during that particular 10 week absence - she then went off with my papers and came back after 10 minutes to say that it had been approved. i didnt get to see the senior caseworker.

i hope i have given you an insight of how they handled my case today. Please post here if you have any questions/ comments & I will try my best to answer them.

good luck to all who are yet to apply ----- & remember to take as much supporting evidence with you as you can to justify your absences.

P.S. - Thanks to you all (& this forum) for your guidance when I was preparing my application. A special thanks to Victoria for replying to my PM ----- as you can see, I followed all of your advice.

congrats vic
Iam planning to apply for ilr in first week of october plz can u tell me what all document did u take to HO. and what documents they checked particularly. i will be very grate ful if u can post the content of letters by ur employer here or email me on cheekywas@yahoo.co.uk My absenses are 404 days and what supporting doucment do i need to cover this period. plz email me

cheers
was

[vic]

Hello Was,

I had applied for ILR under Work Permit category.

The documents they asked for specifically:
1. Employers Letter ----- i've posted the template here
2. Life in UK test pass certificate
3. Salary Slips for last 3 months.
4. Old & New passports.

For absences - i was only about 15 days in excess of the unwritten 180 day entitlement but they wanted proof that my employment here had not been broken during the period and asked me for salary slips for the absence periods as evidence that I was continued to be paid in the UK during the time that I was away.

I had also taken a letter from my employer that detailed a break-up of my paid annual leave leave allowance over the last 5 years and included a statement like 'His absences from work have always been consistent with the allocated paid annual leave allowance, except last year when he did a research study in (name of country) which was a mandatory component of the training programme that was funded by us' ---- The caseworker read this letter very carefully and also photostated it for their records.

hope this helps.

[VictoriaS]

congrats vic
Iam planning to apply for ilr in first week of october plz can u tell me what all document did u take to HO. and what documents they checked particularly. i will be very grate ful if u can post the content of letters by ur employer here or email me on cheekywas@yahoo.co.uk My absenses are 404 days and what supporting doucment do i need to cover this period. plz email me

cheers
was

Aren't you applying on the 10 years basis? If so, it's totally different.

Victoria

[raniwza]

I have applied for ILR under 10 years category and I have met all of the requirements (even never been out of the UK exceeding 3 months at any given time and yes, i have met the less of 18 months of total absences); but the caseworker has managed to refuse my PR status because;

Over a couple of weeks university term break, I went back to Malaysia on the 19th August 2002 and came back to UK on the 17th September 2002. My student visa has expired on the 30th August 2002 which I didn't realise until now. However, the system at the time was to obtain visa extension upon entry at the UK airport therefore this should not be a problem. Unfortunately, although this has not been picked up on the passports showing continuous residence, Home Office has managed to spot that 16 days gap.

But I lodged in the case with a lawyer who'd put forward reasons as follows;

-Student visas at the time are issued at the UK airport (different system)
-Family illness require presence in Malaysia
-Due to attack of September 11, the British Embasssy in Kuala Lumpur has not accepted any visas applications made it impossible to extend visa
-I had the obligation to come back to do my final degree at the university
-I had a scholarship contract to finish my degree

Victoria, what are my chances to get the ILR after the lawyer sending the letter last week? Will they take a long time to decide? This is because I have a wedding in Malaysia to attend this October and my student visa expires at the end of October. Should I extend my visa because I am resitting one paper?

Help