Qualifying period

Hi,

I have been in the UK since 2000 Sept as a student first then later on work permit, HSMP and now on Tier1. My 5 yrs are up this july although I still have another 2 yrs left on Tier1.
My question is about the number of days necessary to be in the UK in the last 5 yrs. The rules mention 180days in 5 yrs. but. But I have been out for about 230 days but all was just using up my annual leave to go on holiday. Have been employed at all times during that period.
Do you think it would be much of an issue with ILR or should I wait till I have the exact number of days. It only means I cant go on holiday abroad for over a year

cheers

Are you making an application based on 10 years legal residence?

nope.
ill be applying under HSMP/Tier1 as I need to apply for my wife at the same time.
any help on this will be much appreciated.

cheers

I have found this under the guidance for calculating absences in tier 1 cases.

"Annex A – Calculation of the five year period for settlement
In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, 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 the applicant has clearly continued to be based here."

Hope this helps.

this is great.
thanks for your help.

cheers

Ghostdogg,

my case is similar to yours, Just that my absences are 351 inclusive of all types of leaves. Did you apply and what happened? Please share

havent applied yet. first need to renew my passport. probably apply in aug-sept.
when are you applying and please let me know how it goes.

Hi Ghostdogg,

I am currently looking out for a good solicitor for making my application. Will let you know the outcome as soon as I know

Good luck to you