ILR LEAVE OF ABSENCE

Dear Friends,

I am in the process of applying my ILR application under HSMP judicial review and have query on following :

[1] Total number of days spent outside UK ::

I spent total 173 days outside UK as detailed below :

2005
From date 24.12.2005 to 04.01.06 ---- reason : paid holidays

Total number of days : 12 days

=========
2006
26.06.2006 to 28.07.2006 ---- reason : holidays

Total number of days : 33 days
=========================
2007
24.05.2007 to 19.08.2007----- reason : PAID MEDICAL LEAVE FROM
COMPANY FOR post operational medical
treatment in home country, operated
here in UK and went to home country
for further medical treatment
Total number of days : 88 (including date entered and exit from UK)
< three months on a single trip

31.10.2007 to 18.11.2007 ---- reason : paid holidays and medical follow
up for previous check ups


Total number of days : 18 (including date entered and exit from UK)
=================================

2008
11.02.2008 to 02.03.2008 -----reason : paid holidays
Total number of days : 20 (including date entered and exit from UK)
=================================

Now my query is : in total it is less than 3 months and also none of the single trip exceeds more than three months, however, in 2007, i went twice to my home country - one trip of 88 days for medical treatment in india and second trip 18 days paid holidays combined with further medical treatment for my previous post operational treatment.

I request the honourable members of this forum to help me out whether it would be alright for me to put these dates alongwith my ILR application?

I have all the documents to prove that i went to my home country for further medical treatment and support the application, but i am not going to write this on cover letter.

I have already fill out my form and now waiting for guidance from the members of this forum for helping me and guiding me on this matter.

I understand from my initial search on net and home office rules as follows:
Annex A – Calculation of the four year period for settlement
In assessing whether or not an applicant has fulfilled the requirement to have spent four 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.
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.
======================================

EARLY AND DETAILED REPLY WILL BE HIGHLY APPRECIATED

REGARDS
Pahini

The rule is not more than 90 days at one stretch, and not more than 180 days in the last 4 years if applying under HSMP-JR - or not more than 225 days in the last 5 years if applying under regular HSMP or WP. Doing >90 days IN TOTAL in a specific year is no issue, so long as no one trip was >90 days.

The days you left and landed back can be discounted, as also any business related trips.

You don't need to give detailed reasons in the form - just mention personal/visit family/visit friends/work etc. That's sufficient.

You shouldn't have any issues with your application, based on the info you have provided.

All the best.

Thank you so much for your reply

Pahini

Hi global gypsy/pahini,
thanks for the detailed post and reply.

As my circumstances are different, I also would like to learn more about this rules.
I'm in my third year, and already passed >130days, i fear about the 180days limit for Tier1. All short trips to home mainly for vacation and company business back to offshore location(as i was onsite). Everything less than 35days in one stretch. It would be great if senior members post their application details when they have stayed more than 180days.

Can you please guide me to the link which gives these details?

Hi pahini,

I don,t think so there will be any problem in your ILR, until and unless you have prove of your absence in one stretch which is more than 90 days.

If you have all medicle docs with you , so there will be no problem and make sure one thing you have to mention everything in your covering letter.

Covering letter is very important thing which give an idea to case worker. Your case will be forward to a senior caseworker, you will be surprised that why i am so confident that there will be no problem in your ILR. Because i know one of my colleague she was out of of country for 177 days in one stretch for a medicle reason and she provided all her medicle docs and she was granted ILR. But make sure you must go by post don,t try go in person.

Best of luck.

global gypsy wrote:The rule is not more than 90 days at one stretch, and not more than 180 days in the last 4 years if applying under HSMP-JR - or not more than 225 days in the last 5 years if applying under regular HSMP or WP. Doing >90 days IN TOTAL in a specific year is no issue, so long as no one trip was >90 days.

Where does the 225 days figure come from? I thought it was 6 months over the 5 years?

Pahini,
To me you dont have to prove anything or write any cover letter. You are under 180 days and less than 90 days in on stretch .. this is a straight forward work. Cover letter for absence means u want to have case workers attention on these absences and therefore doesnt qualify for straight forward case. Keep it simple . It will work

Please do keep all the backups ( like medical stuff ) .. show only if asked. Generally if they ask how many days absence .. say it is 177 days. i doubt afte that case worker will ask anything. Do keep all the necessary documents ( only show when u feel case worker is not convinced).

Good luck

Hi,

I had a query on the qualifying period for the ILR - number of days you can be away from the UK.

I understand that there are certain number of days within the last 5 years that the applicant can be abroad on work or leisure. 225 for a WP/Tier 1?

My query is as based on the scenario below,

I have been in the UK since September 2006, (entered with a 2 year WP) and had been abroad only for a period of 33 days until August 2008.

My work permit was then renewed in the UK for a further 2 years (now valid unitl June 2010) and I was away from the UK from August 2008 for a period of 104 days on official work and returned to the UK on the same valid work permit in November 2008 (Not a new permit, the same one used since 2006 and renewed in 2008). During this 3 month and 10 day period, I was paid abroad and not in the UK due to the company policies.

As mentioned, I have been in the UK since Sept 2006, and wanted to know if the absence of 104 days is considered as a break as it was on official work and I returned on the same visa? The point to note is that I was working for the same company, on the 'same' visa (which was renewed while I was in the UK) with no new visa issued all along and still continue to work for the same company after my return in November 2008 to date.

The total number of days I have been away is 158 days in the last 3 years and 2 months since my first entry into the UK in Sept 2006. I am well within the total number of days that the applicant is allowed to stay abroad during a 5 year continuous period at the moment. (Which I assume is 225 days?)
I understand that >90 days abroad is a break as per the law but this was on work and paid abroad for the same company.
If my work period abroad is not considered a break, I would qualify and need to apply for ILR in 2011.

In short , my questions are

1) Does being paid abroad for a short period by the company you are working for constitute a break as this time abroad was official and work related ?

2) Does the stay abroad of 3 months 10 days constitute a break as even though there was no change in visa and I returned on the same visa Or will my qualifying period have to start all over again since my entry after the 3 months 10 days in November 2008?

If anyone else has faced a similiar situation and is aware, please do share your experience. Any advise would be greatly appreciated.

Thanks,

Hello friends,
can you please guide me to the document which mentions about 225days for 5 years.
thanks again

Hi,

I am 2nd sojan's post. I tried to phone HO on 08706067766 but they told me the maximum allowance days is 180 days over 5 years. Also the day going in and out of UK does count toward that as well which in my case come to 231 days in total.

Thanks,

racingfire wrote:Hi pahini,

I don,t think so there will be any problem in your ILR, until and unless you have prove of your absence in one stretch which is more than 90 days.

If you have all medicle docs with you , so there will be no problem and make sure one thing you have to mention everything in your covering letter.

Covering letter is very important thing which give an idea to case worker. Your case will be forward to a senior caseworker, you will be surprised that why i am so confident that there will be no problem in your ILR. Because i know one of my colleague she was out of of country for 177 days in one stretch for a medicle reason and she provided all her medicle docs and she was granted ILR. But make sure you must go by post don,t try go in person.

Best of luck.

hi

i want to go for some short courses for more than 3 monhts. what docs i should provide to get IRL and not broken the 90 day rule.

please advice me.

thanks