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Regarding absences

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.

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priyasha_m
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Does work secondment count as a country of residence?

Post by priyasha_m » Mon Aug 26, 2019 7:45 pm

Hi my husband is applying for ILR.

He was seconded to another country for 7 months in the 5 year period by his UK employer, which we have mentioned in the absences from the UK section. Do we also need to mention this country as a country of residence under the section where we are asked, "Have you previously lived in a country outside the UK?"

Would be great to receive an answer soon as we have less time until we need to sort everything!

Thanks,
P

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Re: Does work secondment count as a country of residence?

Post by CULLINAN » Mon Aug 26, 2019 8:22 pm

priyasha_m wrote:
Mon Aug 26, 2019 7:45 pm
Hi my husband is applying for ILR.

He was seconded to another country for 7 months in the 5 year period by his UK employer, which we have mentioned in the absences from the UK section. Do we also need to mention this country as a country of residence under the section where we are asked, "Have you previously lived in a country outside the UK?"

Would be great to receive an answer soon as we have less time until we need to sort everything!

Thanks,
P
Please keep all your questions in one thread for proper advice.
I am assuming those 7 months were scattered through the 5 year period e.g. 1 month, 3 weeks etc.
So then no he was not living there at that time.

or was it in one go??
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Re: Does work secondment count as a country of residence?

Post by priyasha_m » Mon Aug 26, 2019 8:23 pm

tier11417 wrote:
Mon Aug 26, 2019 8:22 pm

Please keep all your questions in one thread for proper advice.
I am assuming those 7 months were scattered through the 5 year period e.g. 1 month, 3 weeks etc.
So then no he was not living there at that time.

or was it in one go??
It was in one go.

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Re: Does work secondment count as a country of residence?

Post by priyasha_m » Mon Aug 26, 2019 8:35 pm

tier11417 wrote:
Mon Aug 26, 2019 8:22 pm

Please keep all your questions in one thread for proper advice.
I am assuming those 7 months were scattered through the 5 year period e.g. 1 month, 3 weeks etc.
So then no he was not living there at that time.

or was it in one go??
He was still employed by his employer in the UK and was away on work related business. Basically he has finished his 6 years on Tier 2 General and is now applying for ILR. But should we mention that 7 month period as a resident of that country? Hope it makes sense!

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Re: Does work secondment count as a country of residence?

Post by CULLINAN » Mon Aug 26, 2019 8:40 pm

7 months for work will be living in yes.
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Re: Does work secondment count as a country of residence?

Post by priyasha_m » Mon Aug 26, 2019 8:42 pm

tier11417 wrote:
Mon Aug 26, 2019 8:40 pm
7 months for work will be living in yes.
Ok thanks, we will add that. And it shouldn't be a problem as it is more than 180 days absence? We are getting a letter from his employer confirming he was away on work.

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Re: Does work secondment count as a country of residence?

Post by CULLINAN » Mon Aug 26, 2019 8:43 pm

priyasha_m wrote:
Mon Aug 26, 2019 8:42 pm
tier11417 wrote:
Mon Aug 26, 2019 8:40 pm
7 months for work will be living in yes.
Ok thanks, we will add that. And it shouldn't be a problem as it is more than 180 days absence? We are getting a letter from our employer confirming he was away on work.
I am not sure about that. Wait for further help. As far as I know the absence should not exceed more than 180 days in one year.
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Re: Does work secondment count as a country of residence?

Post by CULLINAN » Mon Aug 26, 2019 8:47 pm

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Re: Does work secondment count as a country of residence?

Post by Zimba » Mon Aug 26, 2019 11:56 pm

A continuous absences period of more than 180 days breaks the continuous lawful residence in the UK so the ILR will be refused. Discretion is rarely applied when there were exceptional circumstances and no, the 'absences due to work' will not qualify as exceptional circumstances
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Re: Does work secondment count as a country of residence?

Post by priyasha_m » Tue Aug 27, 2019 12:11 am

Zimba wrote:
Mon Aug 26, 2019 11:56 pm
A continuous absences period of more than 180 days breaks the continuous lawful residence in the UK so the ILR will be refused. Discretion is rarely applied when there were exceptional circumstances and no, the 'absences due to work' will not qualify as exceptional circumstances
What visa category can he apply under then? His job is under the shortages list and he has already completed the maximum 6 years on tier 2 general.

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Re: Does work secondment count as a country of residence?

Post by priyasha_m » Tue Aug 27, 2019 12:18 am

Zimba wrote:
Mon Aug 26, 2019 11:56 pm
A continuous absences period of more than 180 days breaks the continuous lawful residence in the UK so the ILR will be refused. Discretion is rarely applied when there were exceptional circumstances and no, the 'absences due to work' will not qualify as exceptional circumstances
In this guidance (https://assets.publishing.service.gov.u ... -v18.0.pdf), it says "You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

If we actually count from 28 days after the date of decision (when we book the priority appointment) it helps us and comes up to 173 days. I wonder how they calculate this though, if it is computed or manually upto the officer's discretion. We will of course, mention this in the cover letter.

Do you think we have any luck with this?

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Re: Does work secondment count as a country of residence?

Post by Zimba » Tue Aug 27, 2019 2:24 am

There are two conditions to be met:
No more than 180 days absences in TOTAL in any year of residence AND
No continuous absences of more than 180 days from the UK EVER

Your husband's application will be refused based on the second requirement.
Tier 2 visa is aimed at skilled workers in the UK. Working for long periods of time outside the UK not only is not aligned with the purpose of Tier 2 visa, it also means that you cannot acquire settled status as per rules. Tier 2 also has a 6 year limit. You cannot extend it more than 6 years. The fact that his job is on the shortage list is irrelevant.

What is your situation ? Do you work or study ? Do you have UK born kids ??
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Regarding absences

Post by priyasha_m » Tue Sep 10, 2019 8:16 pm

Hi I have a 2 part question:

i. I'm applying for my ILR online (SET O) and have entered all the dates for absences outside UK on the online form. Should I also attach a spreadsheet detailing the absences along with my application?

ii. My contracted paid annual leaves are 26, but for some years it exceeded 30 days due to time accrued from flexible working and some leaves carried over from previous year. Is it advisable to go into that level of detail on the spreadsheet or is it enough to mention it in brief on the cover letter?

Would appreciate a timely reply.

Thanks a lot

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Re: Regarding absences

Post by Zimba » Wed Sep 11, 2019 12:26 am

Is this related to the application you (or your wife) asked previously ?
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Re: Regarding absences

Post by priyasha_m » Wed Sep 11, 2019 8:40 am

Zimba wrote:
Wed Sep 11, 2019 12:26 am
Is this related to the application you (or your wife) asked previously ?
Hi yes but it is a different question so I thought I should post a new topic. Is that ok?

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Re: Regarding absences

Post by CR001 » Wed Sep 11, 2019 9:04 am

priyasha_m wrote:
Wed Sep 11, 2019 8:40 am
Hi yes but it is a different question so I thought I should post a new topic. Is that ok?
No it isn't. See the link below for the forum rule on Multiple Topics!!

announcements/multiple-posts-will-be-lo ... t5722.html

Topics now merged!!
Char (CR001 not Casa)
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Re: Regarding absences

Post by priyasha_m » Wed Sep 11, 2019 10:45 am

CR001 wrote:
Wed Sep 11, 2019 9:04 am
priyasha_m wrote:
Wed Sep 11, 2019 8:40 am
Hi yes but it is a different question so I thought I should post a new topic. Is that ok?
No it isn't. See the link below for the forum rule on Multiple Topics!!

announcements/multiple-posts-will-be-lo ... t5722.html

Topics now merged!!
Thanks for merging them. Can someone answer the new questions? Best.

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Re: Regarding absences

Post by Zimba » Wed Sep 11, 2019 12:17 pm

i. I'm applying for my ILR online (SET O) and have entered all the dates for absences outside UK on the online form. Should I also attach a spreadsheet detailing the absences along with my application?
No
ii. My contracted paid annual leaves are 26, but for some years it exceeded 30 days due to time accrued from flexible working and some leaves carried over from previous year. Is it advisable to go into that level of detail on the spreadsheet or is it enough to mention it in brief on the cover letter?
Not necessary
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Re: Regarding absences

Post by priyasha_m » Wed Sep 18, 2019 1:32 pm

Zimba wrote:
Wed Sep 11, 2019 12:17 pm
i. I'm applying for my ILR online (SET O) and have entered all the dates for absences outside UK on the online form. Should I also attach a spreadsheet detailing the absences along with my application?
No
ii. My contracted paid annual leaves are 26, but for some years it exceeded 30 days due to time accrued from flexible working and some leaves carried over from previous year. Is it advisable to go into that level of detail on the spreadsheet or is it enough to mention it in brief on the cover letter?
Not necessary
Thanks ZImba. I have one more q:

Me and my husband are applying at the same time. Him ILR, me PBS Dependant extension. For my appointment, will they need to see his passport to verify as he is the main applicant? If yes, then will I need to apply before him?

Also, will they keep his original passport for my application? As we will have different appointments.

Best

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Re: Regarding absences

Post by Zimba » Wed Sep 18, 2019 1:34 pm

No as your applications are separate. There is no need to be there together
No original document is taken from you
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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