How to calculate 90 days ?

Hello,

I have exactly 90 days of continuous absence from UK (but it is same employer all time along). Can anyone please confirm if -

1. Days of entry and absence is deducted from total no of days (is there any link on ukba site for this)?

2. There is one break of WP during this GAP and is the only one for abt 15-20 days. Does that have any impact my case ?

3. Apart from above two things I have clear stay for 4 years 9 months with al payslips, bank statements, P60 etc.

Please suggest if I stand a chance for ILR ?

1. Exclude day of departure and arrival from the count.
2. IMHO, subject to interpretation. e.g. - If you left UK after termination of your services/contract and then applied for a new WP entry clearance from home country, this may be interpreted as a break in continuity of residence.

regards

Thanks for your response.

It wasn't the termination of employment or contract.The WP had to be cancelled since my work was for more than a month in India and therefore my company had to transfer me back to parent organisation and reapply again. However my previous WP was still valid but new was issue after approx. 15-20days of my arrival. The break was due to some official purpose and even after that the total absence is still less than 90 days deducting arrival and depature. do you still think the chances are slim ?

200BySachin:-) wrote:Thanks for your response.

It wasn't the termination of employment or contract.The WP had to be cancelled since my work was for more than a month in India and therefore my company had to transfer me back to parent organisation and reapply again. However my previous WP was still valid but new was issue after approx. 15-20days of my arrival. The break was due to some official purpose and even after that the total absence is still less than 90 days deducting arrival and depature. do you still think the chances are slim ?

Let's try this from a different angle:-
If your company required you to be outside UK for a short / fixed period of time, why couldn't they send you overseas on the existing WP - just like most other employers do? What was the need to cancel the existing WP and apply for another (new) one while you were outside UK? If there was indeed a valid reason to change WP (e.g. - significant salary hike etc.) why couldn't they do it when you were in UK or after you returned from overseas trip?

From a caseworker's perspective, the fact that an existing WP was cancelled and new EC was applied from outside UK may be viewed as a break in residence(??). Caseworker brain cells might shout "applicant had no intention to come back to UK as his WP was cancelled .... but perhaps got lucky in getting a new UK assignment pretty soon".

IMHO, all subject to interpretation ..........

regards