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Where did you read this on the forum?renzokuken wrote:From what I read from the forum, paid holidays does not counted towards the 180 days allowance
For example this thread:sushdmehta wrote:Where did you read this on the forum?renzokuken wrote:From what I read from the forum, paid holidays does not counted towards the 180 days allowance
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.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.
Maybe unpaid/sabbatical leave? or gap between employment.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.
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.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?