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180 day rule for ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

johnnyng
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Re: Same question

Post by johnnyng » Tue Dec 22, 2009 9:31 pm

Hi 007,

Out of your 228 days absence, how many days were your private holidays (excluding work)?

cheers,
007 wrote:No, the paid holidays and travel dates are not included.
I recently applied for my ILR, with 228 days absence outside UK (including paid holiday in summer + easter) during the last 4 years, and got my ILR without any problems.

gidoc
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Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Post by gidoc » Tue Dec 22, 2009 9:50 pm

Hi,
There are two things here
1.Private absences due to legal/paid leave must be declared. Travel dates must be mentioned but will not be counted.
2. This will be taken into account when counting total absences.

For example- you list 40 d/ year of holidays x 5yr, which is 200 days, none of these is in excess of 90 days.Further you list 30 days of business absences for which you have an employer letter.
Total absences counted will be 230 (presumably case worker will count these, as the form asks only for dates and not any counts).

What we are being told is that, at case worker's discretion, these absences will not constitute breach of continuous residency.

Hope I got this right.

best regards

johnnyng
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Post by johnnyng » Tue Dec 22, 2009 10:04 pm

gidoc wrote:Hi
Thanks for your response. As per my estimation above I thought that less than 200 days will be a reasonable number of private absences. Did the immigration lawyers you consulted give any number at all?

My private absences will be close to 190 unless I cancel my 17 days of holidays planned in Feb-Mar before my eligibility date in April 2010.

In the event that one does have further Tier 1 leave, one will have to choose a new start point provided that in the initial 6 -12months one does have many absences, to compensate.

best regards
he told me that the number of days is not a strict rule but anything under 180 days is a straightforward case. any other case is not a guaranteed success. i suggest that if your trip can be postponed then it is safer to do so.

cheers,

SF

gidoc
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Post by gidoc » Wed Dec 23, 2009 10:11 am

Thanks for your response
My paid holidays( annual leave) is coming to 175( including my forthcoming holidays, excluding travel dates for all) and study/conference leave( official,business leave) is 19, in total 175+19=194
Does that sound okay?
Best regards

ChetanOjha
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Post by ChetanOjha » Wed Dec 23, 2009 11:06 am

gidoc wrote:Thanks for your response
My paid holidays( annual leave) is coming to 175( including my forthcoming holidays, excluding travel dates for all) and study/conference leave( official,business leave) is 19, in total 175+19=194
Does that sound okay?
Best regards
Provided appropriate letter for study/conference/business leave with your application.

gidoc
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Post by gidoc » Wed Dec 23, 2009 12:32 pm

Thanks for your response

Yes, can get a letter from HR on business letterhead..


1. So you think I will be okay and no need to reduce my holiday period, everything is now included till I apply?

Two more queries:

2.Since the form doesnt ask for us to calculate days of leave, should I just fill in the dates?

3. Date on passport on entry to India is sometime a day late due to time change and reaching after midnight is that okay?

Best regards

fahadz1
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Post by fahadz1 » Sun Jan 24, 2010 10:09 pm

007 wrote:
gidoc wrote:Hi 007
Thanks for your response
Just to clarify about absences, the guidance does say that paid AL holidays and business trips will be allowed, did you mention all your absences in the form ?
Yes, I did include all dates of my absences, with brief explanation for each.
Anyway, the HO can find this from the UK entry stamps, and your country exit stamps in your passport. It is safer to include all your dates, even if they are not clear in your passport.
My holidays will come up close to 190 days in 5 yr period, and I was seriously considering reducing my forthcoming 15 days trip before applying for ILR.
If your trip is not a paid holiday or family reason, it would be better to reduce or cancel it.
If you have any paid holidays or, any family reason (attending marriage, funural, etc), I think the HO will take this into account.

Regards.
how we can prove paid holiday ? through payslip of that time ? or bank statement of that time. As we have to submit only 3 months bankstatament and payslips ? do we need to submit those payslips/bankstatment as well ?

fahadz1
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Post by fahadz1 » Sun Jan 24, 2010 10:13 pm

chetanojha wrote:
gidoc wrote:Thanks for your response
My paid holidays( annual leave) is coming to 175( including my forthcoming holidays, excluding travel dates for all) and study/conference leave( official,business leave) is 19, in total 175+19=194
Does that sound okay?
Best regards
Provided appropriate letter for study/conference/business leave with your application.
which type of letter required for study ? u mean course start/end dates ?
or to whom it may concert one ?

752Solutions
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Post by 752Solutions » Mon Mar 01, 2010 7:28 pm

Johnny,

Have you ot the ILR. I am in the same situation and want to know - How did it went for you.

gidoc
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Post by gidoc » Tue Mar 02, 2010 3:10 pm

My absences excluding travel days are coming to: 171 d, plus 17 d of official study leave.
I plan to add detail like Conference name and venue for study leave letter, as it may make the case worker's job easier.
Best regards

752Solutions
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Post by 752Solutions » Tue Mar 02, 2010 8:57 pm

I have a gap of 136 days (11 Apr 2006- 24 Aug 2006).I have the salary slip for month of Apr 2006 and I have worked in above duration from india. I don't have chance to get the employer letter.

Any thoughts what can I do to present my situation ? Please help

gidoc
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Post by gidoc » Tue Mar 02, 2010 10:29 pm

Hi,
You may want to consult an immigration lawyer as your absence without being paid in UK means you have a break of residence.
Best Regards

ukmigrant2011
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Re: 180 day rule for ILR

Post by ukmigrant2011 » Mon Jan 17, 2011 9:53 am

[quote="johnnyng"]Hi all,

Following the posts on this forum, I am not so clear this particular rule. If possible, could you please help me with my case?

I am under work permit from Mar 05 so I am eligible to apply for IRL on Feb 09. Have not got the appointment yet but I will keep on checking. From Mar 05 till now, I am working for the same company and I have 5 P60 (05 -> 09) and other required documents.

The only problem that I have is that the number of days outside UK of mine is 231 days. Out of that, only 6 days are business and I can get letter from my employer to prove that but that still leave me with 224 days :(

So my questions are:

1. The way I count the days include the day I leave UK and they day I come back to UK. For example if I went to France on 05/05/05 and coming back on 10/05/05, the total of days absent for this period is 6. Is this correct or should I only put it as 4 (excluding the begin and end of the trip)? If I exclude all the days in and out, it still leave me with 192 days :(

2. During this period, I went back to my country for a few times (around 30 days in total) for my father funeral and 1 time (30 days) for my marriage. Can these periods be viewed as a compasionate ground and is there any rule on this?

3. Based on my information and your experience, do you think I will get the ILR? If not, is there any advice you can give me?

Thank you all very much,

Johnny Ng[/quote]

Dear Guys,

Is any one who asked questions in this thread got ILR. My situation is similar where I am out of UK for around 200 days and most of these are Annual leaves.
1. How to prove that we are on annual leave ? [Some one already asked the question in this thread but I couldn't see answer.

Answers with your experience is appreaciated.

Thanks.

xyz123
Senior Member
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Re: 180 day rule for ILR

Post by xyz123 » Mon Jan 17, 2011 3:54 pm

ukmigrant2011 wrote:
johnnyng wrote:Hi all,

Following the posts on this forum, I am not so clear this particular rule. If possible, could you please help me with my case?

I am under work permit from Mar 05 so I am eligible to apply for IRL on Feb 09. Have not got the appointment yet but I will keep on checking. From Mar 05 till now, I am working for the same company and I have 5 P60 (05 -> 09) and other required documents.

The only problem that I have is that the number of days outside UK of mine is 231 days. Out of that, only 6 days are business and I can get letter from my employer to prove that but that still leave me with 224 days :(

So my questions are:

1. The way I count the days include the day I leave UK and they day I come back to UK. For example if I went to France on 05/05/05 and coming back on 10/05/05, the total of days absent for this period is 6. Is this correct or should I only put it as 4 (excluding the begin and end of the trip)? If I exclude all the days in and out, it still leave me with 192 days :(

2. During this period, I went back to my country for a few times (around 30 days in total) for my father funeral and 1 time (30 days) for my marriage. Can these periods be viewed as a compasionate ground and is there any rule on this?

3. Based on my information and your experience, do you think I will get the ILR? If not, is there any advice you can give me?

Thank you all very much,

Johnny Ng
Dear Guys,

Is any one who asked questions in this thread got ILR. My situation is similar where I am out of UK for around 200 days and most of these are Annual leaves.
1. How to prove that we are on annual leave ? [Some one already asked the question in this thread but I couldn't see answer.

Answers with your experience is appreaciated.

Thanks.
there are so many posts on this forum (look in sucess stories) you will find all answers.

jakfzs77
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Contact:

I HAD 355 DAYS OUT OF THE COUNTRY

Post by jakfzs77 » Fri Feb 04, 2011 3:06 am

Please help me ?

I had 355 days in total in my 9 years and 5 months.My 10 year going to complete in Sep2011.

I wonder its will effect my ILR ON 1O YEARS?

Can I reduce my last 3 visits 25,46 and 27 days as declare as Business trips?

kind regards

jak

salina02
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Joined: Sat Jul 03, 2010 10:23 pm

Post by salina02 » Fri Apr 29, 2011 4:23 pm

republique wrote:
johnnyng wrote:I have consulted with a few immigration lawyers and they all stated that since my number of days outside UK (minutes business trips) is quite high (220 days), they cannot guarantee that I will have ILR.

Some of them suggested that I should apply for Tier 1 and then apply ILR at a later date when the total number of days become less than 180. I am thinking of doing that to be on the safe side.

Cheers,
My understanding is that if you apply for ILR and do not qualify that it is converted to an application for extension. See caseworker's manual for confirmation. It would be prudent to provide the documentation that satisfies the criteria for extension with your ILR application.
Hi republique,

Can you please point out the case worker manual where it say that if you apply for ILR and do not qualify that it is converted to an application for extension.

Please if someone has come across the above statement please let us know.

unxepktylwvhl
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Joined: Tue Apr 19, 2011 10:51 pm

I posted a related question earlier...

Post by unxepktylwvhl » Fri Apr 29, 2011 4:51 pm

See http://www.immigrationboards.com/viewto ... 579#485579.

In my case, it's an absence of 99 days, out of which 80 for business and rest holiday (paid annual leave) on my way back.

salina02
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Joined: Sat Jul 03, 2010 10:23 pm

Post by salina02 » Mon May 02, 2011 10:14 am

I want to know more on My understanding is that if you apply for ILR and do not qualify that it is converted to an application for extension. See caseworker's manual for confirmation

Please can someone put out the case workers manual.

surajban
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Joined: Wed Sep 01, 2010 3:15 pm

Post by surajban » Tue May 03, 2011 8:50 am

salina02 wrote:I want to know more on My understanding is that if you apply for ILR and do not qualify that it is converted to an application for extension. See caseworker's manual for confirmation

Please can someone put out the case workers manual.
I don't think its true.

salina02
Member
Posts: 134
Joined: Sat Jul 03, 2010 10:23 pm

Post by salina02 » Tue May 03, 2011 3:21 pm

salina02 wrote:I want to know more on My understanding is that if you apply for ILR and do not qualify that it is converted to an application for extension. See caseworker's manual for confirmation

Please can someone put out the case workers manual.
Hi Sushdmehta,

Can you please comment on this.

Regards

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