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Absence more than 180 days on paid leave

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).


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renzokuken
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Absence more than 180 days on paid leave

Post by renzokuken » Tue Feb 23, 2010 10:28 am

Hi All,

I am new in this forum, currently on work permit. I was absence in total more than 180 days (all short visit less than 90 days) for the past 5 years for paid holidays (I have all the salary slips).

From what I read from the forum, paid holidays does not counted towards the 180 days allowance, is that correct? Could anyone please give me the link to UKBA website that mentioned this rule? I have tried to search but no luck. So far only business visit mentioned.

Thanks

Renzo

geriatrix
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Re: Absence more than 180 days on paid leave

Post by geriatrix » Tue Feb 23, 2010 1:31 pm

renzokuken wrote:From what I read from the forum, paid holidays does not counted towards the 180 days allowance
Where did you read this on the forum?

regards

renzokuken
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Re: Absence more than 180 days on paid leave

Post by renzokuken » Tue Feb 23, 2010 11:11 pm

sushdmehta wrote:
renzokuken wrote:From what I read from the forum, paid holidays does not counted towards the 180 days allowance
Where did you read this on the forum?

regards
For example this thread:

http://www.immigrationboards.com/viewto ... sc&start=0

I also read guidance from UKBA website regarding this:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

See chapter 3:


"In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here"

Can anyone tell me whether my understanding is correct?

geriatrix
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Post by geriatrix » Wed Feb 24, 2010 3:36 am

Neither the discussion (that you provided the link for) nor the IDI state that paid holidays do not count (contribute) to the 180 days absence limit. Read this post from the very discussion you have provided the link for. Likewise, read para 3.1 of the same IDI.

AIUI, here's how it works:
As long as you have been absent from the UK for 180 days or less in 5 years with no single trip of >90 days, there is no problem at all. Any absences over and above these limits may be ignored at the caseworker's discretion.

In general (as per my understanding and also on basis of posts by successful ILR applicants), work related absences (even if >90 days in a single trip) that are certified by the employer (through a letter) as work/business related overseas trips/asssignments are usually ignored when the caseworker is certain that "continuity of residence in the UK" has not been broken.

In other words, absences from the UK on annual leaves / paid holidays etc. are counted to arrive at the 180/90 day limit(s), just as work related absences are. But work related absences are usually ignored when supported by employer letter.

Hope this clarifies.


regards

renzokuken
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Post by renzokuken » Wed Feb 24, 2010 9:23 am

sushdmehta wrote:Neither the discussion (that you provided the link for) nor the IDI state that paid holidays do not count (contribute) to the 180 days absence limit. Read this post from the very discussion you have provided the link for. Likewise, read para 3.1 of the same IDI.

AIUI, here's how it works:
As long as you have been absent from the UK for 180 days or less in 5 years with no single trip of >90 days, there is no problem at all. Any absences over and above these limits may be ignored at the caseworker's discretion.

In general (as per my understanding and also on basis of posts by successful ILR applicants), work related absences (even if >90 days in a single trip) that are certified by the employer (through a letter) as work/business related overseas trips/asssignments are usually ignored when the caseworker is certain that "continuity of residence in the UK" has not been broken.

In other words, absences from the UK on annual leaves / paid holidays etc. are counted to arrive at the 180/90 day limit(s), just as work related absences are. But work related absences are usually ignored when supported by employer letter.

Hope this clarifies.


regards
Thanks, but from IDI was clearly mentioned, it is not just work related absence that maybe ignored, paid annual leave also will not be counted.

Furthermore, from the section 3.1:

there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all;

If I understand this correctly there are two things that will break the continuous residence:

1. Absence abroad (apart from Annual Leave and Work Related trip)

AND (not OR)

2. Broken emplyment (out of job for more 3 months/ total 6 months)

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Post by MPH80 » Wed Feb 24, 2010 1:09 pm

The key word in there is *short* absences and it says "consistent with paid vacation".

Over 5 years - 180 days equates to 36 days a year - which is a high paid vacation amount (most people tend to get 20-25 ex. bank holidays).

Certainly an continuous absence from any work place I've been at of over 15-20 working days would be counted as unusual.

Why not detail your trips?

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Post by geriatrix » Wed Feb 24, 2010 5:04 pm

If both paid leaves (holidays) and work related absences are not be counted, then what type of absences are to be counted? :?

You may wish to apply now and hope for (and count on) caseworker's discretion in your case, or defer making an application until such time that your non-work related absences fall below the 180 days limit.

regards

renzokuken
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Post by renzokuken » Wed Feb 24, 2010 5:56 pm

sushdmehta wrote:If both paid leaves (holidays) and work related absences are not be counted, then what type of absences are to be counted? :?

You may wish to apply now and hope for (and count on) caseworker's discretion in your case, or defer making an application until such time that your non-work related absences fall below the 180 days limit.

regards
Maybe unpaid/sabbatical leave? or gap between employment.

From the policy I think i can summarise the following: anything under 180 days (90 days in one absence) will be straightforward. Over 180 days, but for reasonable paid annual leave/work related maybe disregarded, however this at discretion of case worker. But if the absence is more than half of the 5 years period, it is a definite NO.

The safest is obviously wait until the absence fall under 180 days.

renzokuken
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Post by renzokuken » Wed Feb 24, 2010 6:02 pm

MPH80 wrote:The key word in there is *short* absences and it says "consistent with paid vacation".

Over 5 years - 180 days equates to 36 days a year - which is a high paid vacation amount (most people tend to get 20-25 ex. bank holidays).

Certainly an continuous absence from any work place I've been at of over 15-20 working days would be counted as unusual.

Why not detail your trips?
I have 25 days annual leave, but have a lot of overtime, that I chose to claim as time off-in-lieu (because my family is back home). So normally get additional 5-10 days of leave per annum. Taking into account weekends, bank holidays, travelling time etc I usually away from the UK approximately 40-45 days/year. Total about 240 days in 5 years.

For other consideration, I have been working in the same company for the 5 years.

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Post by geriatrix » Wed Feb 24, 2010 6:14 pm

You can exclude the departure and arrival days from your calculations (if not done so, already).

regards

renzokuken
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Post by renzokuken » Wed Feb 24, 2010 6:30 pm

sushdmehta wrote:You can exclude the departure and arrival days from your calculations (if not done so, already).

regards
Thanks, but do you have any reference to UKBA guidance on this one?

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Post by gidoc » Wed Feb 24, 2010 7:47 pm

Just my 2 cents.
I have read on this forum( cant remember but it was posted in last one month) that case workers do look at break of residence in UK, which will be unpaid leave or absences due to being out of work or non business breaks, particularly > 3 months.
Paid leaves can be upto 34days/ year and this excludes 10 bank holidays; so technically one could be out of UK for 44x5=220 days, this is exactly how much annual leave I get although I dont always travel abroad.
If we do discount days of travel, this figure will fall under 200 and will probably be disregarded but who knows what may happen on the day.

Written guidance you quote is right but open to different interpretation on the day!

Best regards

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