ILR Absences - UKBA clarification about conflict

jami · Post by **jami** » Wed Aug 17, 2011 9:27 am

staffordjafar,
Though answer is yes to all of your questions yet this discussion board is the best medium for any immigration advice as one gets more than one opinion and that too free of charge. This board is a collective wisdom.

ITGraduate · Post by **ITGraduate** » Wed Aug 17, 2011 10:02 am

Thanks yet again for your rapid response.

I have been reading many posts of you where people have mentioned they are self employed and they own a company and sole trader. Please could you clarify these please

1-I'm self employed, I dont own any company.I work as an independent consultant, so what category will I come under? Am I a sole trader or director?

2- Do I need to open a business account to receive my salary from my US company every month or my personal current account is enough?

3- What proof of document should I get from my US company? ( I am not directly employed by them , I do Business development for them , I invoice them every month and they pay me here in UK through bank transfer from US. They dont have any offices in UK nor registered in UK.) I work as an independent consultant. Do i need to open my new company?

Please help me understand by responding my queries? If I need to correct some mistakes its now for me as I am going ILR early 2011.

Thanks,

staffordjafar

jami · Post by **jami** » Wed Aug 17, 2011 10:54 am

staffordjafar,

Currently you are self employed sole trader and your earnings are business income.

It appears that you are under Tier 1 (General) not covered by HSMP JR and hence required to show points for NET previous earnings for ILR. There are prescribed evidence of that under Annex.A of Chapter 6A of IDI. So evidence from US company is not required in support of earnings however for business related absences it would be appropriate.

Hence it is preferable to have business account so that business and personal expenses are not intermingled as you have to show NET earnings from business and get it certified by accountant. It would be ideal that from business bank account net earnings are regularly transferred to personal account.

Moreover register with HMRC as self employed and start paying NI class 2 as these are also prescribed evidence for self employed.

However company structure adds to credibility of evidence and applicant becomes employee of his company receiving salary and dividends and there is tax saving too. In that case prescribed evidence would be salary slips/dividend warrant and personal bank statement.

ITGraduate · Post by **ITGraduate** » Wed Aug 17, 2011 11:26 am

Jami,

Yes I am under Tier 1 General ( without JR ). I now understand I am a sole trader self employed. I've been registered as self employed since sept 2010. Been paying class 2 NI since then.

I didn't know I had to have a business account. all my salary was credited to my personal bank account. Will it be a problem? As you advised I can open my business account now and start receiving my salary in my business account. But is it not too late? I have already received my all my previous monthly salaries on to my current account since sept 2010.wont it make the situation worse now if I have it deposited to my business account?I am filing ( my accountant )my tax return this month for ( April 2010 to March 2011 ). Next year in may 2012 I will file for ( April 2011 to March 2012. )

Thanks,

staffordjafar

passport-uk · Post by **passport-uk** » Mon Aug 22, 2011 11:43 pm

Jami,
I was in situation where my employer posted me abroad for 2.5 years out of my 5 years in UK.I was paid in UK by UK based cmpany & postead abroad for business reasons.I've paid NI/Taxes etc as normal in uk.I applied for Citizenship but Unfortunately my application has been denied because my absence from uk were considerably high as my company has posted me overseas.
I was physically present in UK 5 years back on the day application is made now(04-May-2006 entered & applied on 1st-July-2011 so that's not the issue) issue is my Employer posted me abroad for more than 450 days & actually whole of last year(& they have given letter which i supplied with application) all these 5 years i've been employed by UK company & been paid in UK (NI/Taxes etc in UK) only issue is that, i was not physically present in UK for work reasons that's where the descretion could have been applied(as it is in lot many cases.Letter itself states we can apply descretion but have not applied in this specific case.

I actually had an enquiry about this a week ago & i replied with all my salaryslip,bank statement & a letter from employer explaining reason for my absence,but still they refused the application.
Refusal Letter states whilst they have discretion to wave absence ,they are not prepared to do so in this particular case.With the refusal letter there is an application for reconsideration(Form NR)
HO seems to have overlooked that though i am not physically in uk,I am very well active economically active in UK & have never claimed any benefits.Need to find how to get my case reconsidered or maybe move back again because a caseworker could not exercise a reasonable discretion.
which was the email address you have send your enquiry at?Any other guidance in my case?Much appreciate your help & tanks in advance.

passport-uk · Post by **passport-uk** » Mon Aug 22, 2011 11:49 pm

Jami,
Which website/email you sent this query?
Regards,
[quote="jami"]I wrote to UKBA on the subject under Freedom of Information and blew is text of my request and UKBA reply:
-------------------
Dear UK Border Agency,

There appears to be errors in UKBA modernized guideline titled "Indefinite leave to remain - Calculating continuous stay in UK". The relevant extract is as under:

"Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not
insisted upon, for cases where:

â€¢ There have been no absences abroad, see calculation of the five
year period for settlement, and authorised employment or business
in the UK has not been broken by any interruptions of more than
three months or amounting to more than six months in total for the
whole five year period.
Decisions in such cases must be taken at HEO level or above.

Or

â€¢ There have been longer absences abroad, provided the absences
were for compelling grounds either of a compassionate nature or for
reasons related to the applicantâ€™s employment or business in the
UK. No single absence abroad must be for more than three months at
a time and they must not total more than six months.
Where continuous residence has been broken, periods may be
aggregated or shortfalls disregarded only with the approval of an
SEO or Grade 7.â€

jami · Post by **jami** » Tue Aug 23, 2011 8:12 am

SettlementOpsPolicy@homeoffice.gsi.gov.uk

pavand · Post by **pavand** » Tue Aug 23, 2011 12:05 pm

Hi Jami - I am a newbie here. Please can you suggest me what needs to be done in my case.

1. My First Trip - Nov 12 2006 and left Mar 04 2007 on WP
2. My Second Trip - July 29 2007 and left Oct 27 2007
3. My Third Trip - Dec 03 2007 to Till Date

The gap between my first and second trip is 4 months 25 days. I have not been paid during this time. However, I worked for the same project at offshore for these months and came back onsite with the same work permit again.

Please can you let me know whether there is anyway for me to apply ILR this october 2011.

Regards,
Pavan.

makon · Post by **makon** » Tue Aug 23, 2011 8:50 pm

Hi passport-uk,

what is your total number of absences?

passport-uk · Post by **passport-uk** » Tue Aug 23, 2011 10:42 pm

makon wrote:Hi passport-uk,

what is your total number of absences?

Absence = 1072 days in five years & 357 days in last year
(1)IF working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK) ie My Deputation abroad is NOT considered for 876days(even though employer provide a letter stating they deputed me on international assignment)
residence requirements section 4.1.2 NOT considered : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);

Not Considered Total international Assignment = 876days

(2) or else if payroll/NI ie economically present is considered(waived) then my Absences are 145 days in last 5 years & 18 days in last one year ie residence requirements section 4.1.2 is considered

Vacations = 53 + 92 (days no employer letter) = 145days
Discretion to waive Total international Assignment = 876days

My position is complicated by the intrepretation of absence clause which say absences for professional & business work should be disregarded.

For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.

Whole issue is that my UK employer posted me abroad starting Dec-2008 till now ,Complete details below
Applied on 1st-july-2011
Myself
first time in May 04 to 07 in 2006 for interview,selected & joined co X
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Vacation 16 days in Nov 2007
Vacation 13 days in Jun 2008
Busines Trip 3 days in Feb 2008
Business Trip 92 days 1-Sep to 31-Nov-08 Employer X (worked for X from 2006) (do not have employers letter for this)
Joined co Y & started working on projects for company X ,posted abroad.

International Assignment 1/12/08 till 25/06/2011 started with employer Y 876 days (employer letter)
Total international Assignment = 876days
Vacations = 53 + 92 (days no employer letter) = 145days

Spouse & Son
Absence = 1383 days in five years & 358 days in last year
(1) IF spouse/Father working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK)
residence requirements section 4.1.2 : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);
b ii. to accompanying a British citizen spouse/civil partner on an overseas appointment (see also paragraph 6 below where the appointment is in Crown or designated service);
(d)exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now,
Not considered accompanied husband on international Assignment = 876days

(2) or else if Spouse's payroll/NI ie economically present is considered(waived) then my Absences are 219 days in last 5 years & 18 days in last one year.
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337
Total 450 days in 5 years

For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.

residence requirements section 4.1.2 b ii & (d) ie Medical treatment of our Son are considered
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Medical Treatment of our Son 137 days 08/08/07 to 24/12/2007
Medical Treatment of our Son 61 days 17/01/08 to 19/03/2008
Medical Treatment of our Son 139 days 14/04/08 to 1/09/2008
Accompanied Spouse on Business Trip 92 days 1-Sep to 31-Nov 2008 Employer X
Accompanied Spouse on on International Assignment 1/12/08 till 25/06/2011 876 days

Total accompanied husband on international Assignment = 876days
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337

need to now request for reconsidering case.Do you know any pointers that can help me?

jami · Post by **jami** » Thu Aug 25, 2011 4:20 pm

passport-uk,

Your summery of Absences = 1072 days in five years & 357 days in last year.

Whereas on page 7-8 of UKBA naturalization guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

it is detailed that how discretion would be exercised. Maximum 900 days absences over period of 5 years are to be disregarded due to your like circumstances. Whereas in the last year 180 days absences can be disregarded.

However in final year you have been in UK for just 8 days.
Though chances are very bleak yet you must file reconsideration on the grounds already mentioned by you. Obtain a very strongly worded letter from your employer that your services abroad were must for their business operations. Similarly highlights what ties (other than NI/Tax) you had with UK during posting abroad to establish UK as a domicile of choice

passport-uk · Post by **passport-uk** » Fri Aug 26, 2011 5:38 pm

jami wrote:passport-uk,

Your summery of Absences = 1072 days in five years & 357 days in last year.

Whereas on page 7-8 of UKBA naturalization guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

it is detailed that how discretion would be exercised. Maximum 900 days absences over period of 5 years are to be disregarded due to your like circumstances. Whereas in the last year 180 days absences can be disregarded.

However in final year you have been in UK for just 8 days.
Though chances are very bleak yet you must file reconsideration on the grounds already mentioned by you. Obtain a very strongly worded letter from your employer that your services abroad were must for their business operations. Similarly highlights what ties (other than NI/Tax) you had with UK during posting abroad to establish UK as a domicile of choice

Jami,
Thanks for help i am getting following on my letter,anything else you envision can help?

X is the world's leading supplier of software for information management, <More details about company.........>, along with related consulting, education, and support services, in more than 145 countries around the world including our offices in UK(Reading, Belfast, Birmingham, Bristol, Leeds, Linlithgow, London and Manchester),UAE, Across Europe, Singapore, Malaysia,Japan,India.

<Details of position,salary etc>

This position is full time and considered to be of a permanent nature. His job requires that he travel internationally frequently and usually on short notice. Currently xx is on International Assignment in India for business reasons, which started on 01-December-2008

It is the company's policy to send employees on international assignment as needed for Business. The international assignment is at the behest of xx Corporation UK Limited & as per business needs, Mr. X did not request for it. While Mr X is on this assignment His earnings are all paid into his bank account in the United Kingdom and he is paying both tax and National Insurance in the UK.
......

One again much appreciate your help on this.

sojan · Post by **sojan** » Mon Aug 29, 2011 4:03 pm

good thread with lot of clarifications

Ranjanx · Post by **Ranjanx** » Tue Aug 30, 2011 7:15 am

Hi Jami

I've been going through the posts on this thread as well as others but still not sure where my case fits.
I had a workpermit with my employer in India as a intra company transfer to UK company back in 2006. Without including earlier unrelated trips, I came to UK on 22nd sept 2006 for a week to start transition on a project and then went back. As per company policy this period was paid for in per diem and normal salary in India.
I then came back on 23rd oct 2006 ( a gap of about 23 days) and have been here ever since on UK salary on work permit and then hsmp and tier1.

The question is, shall I apply now taking 23rd September as completion of 5 years ? Besides the passport stamps of work permit and entry exit there isnt any evidence to support my base being UK.
Other option is to wait another month and apply next month taking 23rd october as completion of 5 years. Btw, i'm planning to apply by post.

passport-uk · Post by **passport-uk** » Tue Aug 30, 2011 11:21 pm

Jami,
Much appreciate your help earlier,Below is reconsideration letter i am planning to submit,please suggest any changes you deem fit in your view,also i will be submitting letter from HR in my company to substantiate this as i sent you earlier & posted on forum.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I completely disagree with the reason given for the refusal of my recent application for naturalisation as a UK Citizen hence I am hereby requesting for the decision to refuse mine and my familyâ€™s application to be reconsidered.

As stated in my application and also on Form ICD.0415, I am currently on a MANDATORY international assignment in India at the behest of my employer,xxx Corporation UK Limited, a British Company. My salary is paid into my bank in England and I pay UK tax and National Insurance. I am therefore domiciled in the United Kingdom for tax purposes. Considering that my absences were unavoidable
as it is directly related to my work I ask you to disregard them. Please permit me to emphasize that this is an International Assignment and should not be confused with Secondment.

Even though I am currently on international assignment my main home is in the United Kingdom and I am totally committed to retaining my main home in the UK. I would have left my family behind in the UK and be visiting them if not for my sonâ€™s sickness. My son is currently being treated for xxxx (please see the attached medical papers). I strongly believe that this is an exceptionally compelling reason for the refusal to be overturned.

Also, I would like to draw your attention to the case: â€œBD (Work Permit â€“â€œcontinuous period) Nigeria [2010] UKUT 418 (IAC)â€

jami · Post by **jami** » Mon Oct 24, 2011 7:38 am

UKBA guidance "Indefinite leave to remain - Calculating continuous stay in UK" dated 19 April 2011 has undegone six months review and is expected to be updated shortly.Lets hope that UKBA policy on absences becomes more clear so that there is uniformity in use of discretion by case workers at all PEO.

rosdean · Post by **rosdean** » Tue Oct 25, 2011 9:07 pm

Dear friends

I am a tier 1 Visa Holder. I live in the UK and I am on Workpermit / Tier 1 Visa (moved in Feb 2010) for 2 1/2 years. I was on deputation till June 2011 (paid net onsite pay) and moved to UK Gross salary structure in July 2011. I am now paid in the UK a gross salary and paying NI and tax. My company is now requesting me to manage a project in one of the European union countries and I will have get a schengen Visa. I will be travelling on Monday morning or Sunday night and travelling back to the UK on Thursday or Friday to spend the week end the UK with my family. I have the following question related to
Settlement / ILR.

1) If I travel 4-5 days in a week on a business trip to a European union country and travel back to the UK on the weekend, will these days be counted towards 180 days

over 5 years rule,calculating the continuous leave period.

2)I have another 2 1/2 years to go before I apply for ILR. Is there a limit on how long I can carry out 4-5 days business trip a week.

3) If this travel is not counted as part of 180 days limit, what precaution should I take in terms of documents so it is not left to discretion of the case worker when I apply for ILR

4) It is clear that paid annual leaves are disregarded when calculating the continuous leave period. If I am planning to change my current employer, what kind of evidence should I get from my current employer in addition to saving the payslips for the annual leave period

Thanks
Rosdean

kumar_0178a · Post by **kumar_0178a** » Tue Oct 25, 2011 9:46 pm

Hi,

Can you clarify to me on the below.
a) Total absence from UK is not more than 140 days in the total 5 year period.
b) Total absence was never more than 50 days at a single time.

On one occassion, I had an absence of around 40 days, which is unpaid leave.

Will this be a problem? Do I have to write about this in the covering letter?

Thanks.

Bobbylondon · Post by **Bobbylondon** » Wed Oct 26, 2011 8:08 am

jami wrote:passport-uk,

Your summery of Absences = 1072 days in five years & 357 days in last year.

Whereas on page 7-8 of UKBA naturalization guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

it is detailed that how discretion would be exercised. Maximum 900 days absences over period of 5 years are to be disregarded due to your like circumstances. Whereas in the last year 180 days absences can be disregarded.

However in final year you have been in UK for just 8 days.
Though chances are very bleak yet you must file reconsideration on the grounds already mentioned by you. Obtain a very strongly worded letter from your employer that your services abroad were must for their business operations. Similarly highlights what ties (other than NI/Tax) you had with UK during posting abroad to establish UK as a domicile of choice

Hello Jami,

Are there any requirements for ILR, to be max. no. of days out of UK on business in last year of applying?
I appreciate your reply.

Bobby

Bobbylondon · Post by **Bobbylondon** » Wed Oct 26, 2011 8:18 am

passport-uk wrote:
makon wrote:Hi passport-uk,

what is your total number of absences?
Absence = 1072 days in five years & 357 days in last year
(1)IF working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK) ie My Deputation abroad is NOT considered for 876days(even though employer provide a letter stating they deputed me on international assignment)
residence requirements section 4.1.2 NOT considered : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);

Not Considered Total international Assignment = 876days

(2) or else if payroll/NI ie economically present is considered(waived) then my Absences are 145 days in last 5 years & 18 days in last one year ie residence requirements section 4.1.2 is considered

Vacations = 53 + 92 (days no employer letter) = 145days
Discretion to waive Total international Assignment = 876days

My position is complicated by the intrepretation of absence clause which say absences for professional & business work should be disregarded.

For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.

Whole issue is that my UK employer posted me abroad starting Dec-2008 till now ,Complete details below
Applied on 1st-july-2011
Myself
first time in May 04 to 07 in 2006 for interview,selected & joined co X
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Vacation 16 days in Nov 2007
Vacation 13 days in Jun 2008
Busines Trip 3 days in Feb 2008
Business Trip 92 days 1-Sep to 31-Nov-08 Employer X (worked for X from 2006) (do not have employers letter for this)
Joined co Y & started working on projects for company X ,posted abroad.

International Assignment 1/12/08 till 25/06/2011 started with employer Y 876 days (employer letter)
Total international Assignment = 876days
Vacations = 53 + 92 (days no employer letter) = 145days

Spouse & Son
Absence = 1383 days in five years & 358 days in last year
(1) IF spouse/Father working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK)
residence requirements section 4.1.2 : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);
b ii. to accompanying a British citizen spouse/civil partner on an overseas appointment (see also paragraph 6 below where the appointment is in Crown or designated service);
(d)exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now,
Not considered accompanied husband on international Assignment = 876days

(2) or else if Spouse's payroll/NI ie economically present is considered(waived) then my Absences are 219 days in last 5 years & 18 days in last one year.
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337
Total 450 days in 5 years

For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.

residence requirements section 4.1.2 b ii & (d) ie Medical treatment of our Son are considered
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Medical Treatment of our Son 137 days 08/08/07 to 24/12/2007
Medical Treatment of our Son 61 days 17/01/08 to 19/03/2008
Medical Treatment of our Son 139 days 14/04/08 to 1/09/2008
Accompanied Spouse on Business Trip 92 days 1-Sep to 31-Nov 2008 Employer X
Accompanied Spouse on on International Assignment 1/12/08 till 25/06/2011 876 days

Total accompanied husband on international Assignment = 876days
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337

need to now request for reconsidering case.Do you know any pointers that can help me?

Hi Passport UK,

I am in a similar boat, where I have been assigned abroad by UK employer & have been paid in UK. Total no. of absences on business are approx. 484 & personal absences are 93 days. Would this be OK for ILR? I understand you said in your post that for your case ILR was granted considering 876 days as business, with UKBA discretion. How many days were you out in 5th year.

I appreciate your reply.

jami · Post by **jami** » Wed Oct 26, 2011 9:05 am

For "rosdean"

1. These job related short visits should not be counted towards 180 days private absences. Immigration Directorate Instruction Chapter 6A regarding settlement of Tier 1 at page 46-47 is more clear in this regard which reads as under:

â€œAnnex B - Calculation of the qualifying period of continuous leave
for settlement

2.1 Calculation of the five year period for settlement
When assessing if an applicant has met the criteria for 5 years
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
UK), may be disregarded, provided the applicant has clearly
continued to be based here.

2.2 â€¦â€¦â€¦â€¦â€¦

2.3 Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not
insisted upon, for cases where:

â€¢ there have been no absences abroad (apart from those described in
para 2.1 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 for the whole five year
period. "

In above expression "apart from those described in para 2.1 above" makes it explicit. A memer on this board had posted a UKBA reply to him which made it further clear and extract reads as under:

"Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period."
http://www.immigrationboards.com/viewto ... mrit+haria

rosdean · Post by **rosdean** » Sat Oct 29, 2011 12:28 pm

Thank Jami

It is clear that my short business trip won't affect my ILR. I will go ahead and take the opportunity outside UK

Thanks
Rosdean

rosdean · Post by **rosdean** » Thu Nov 03, 2011 3:55 pm

Please see my email to UKBA and their response
----------------------------
From: Rosdean
Sent: 29 October 2011 13:25
To: Settlement Ops Policy Mailbox

Subject: ILR Settlement Question

Dear UK Border Agency Date:29/10/2011

My name is Rosdean and I am a tier 1 Visa Holder. I live in the UK for the past 2 1/2 years. I am paid in the UK and my employer (ABC) is paying NI and income tax. My company is now requesting me to manage a programme in one of the European union countries and I will have get a Sanchen Visa. I will be travelling on Monday morning or Sunday night and travelling back to the UK on Thursday or Friday to spend the weekend the UK with my family. I would like to settle on the basis of Work Permit Employment / the Highly Skilled Migrant Programme after spending a continuous period of 5 years in the United Kingdom in this capacity. I have the following question related to Settlement / ILR.

1) If I travel 4-5 days in a week on a business trip to a European union country and travel back to the UK on the weekend, will these days be counted towards 180 days over 5 years rule, calculating the continuous leave period. Please confirm

2) I have another 2 1/2 years to go before I apply for ILR. There is no limit on how long I can carry out 4-5 business trip a week as long as I live and get paid in the UK. Please confirm

3) Time spent out of the United Kingdom will be discounted if it is for paid annual leave or business trips that are necessary due to my employment commitments. Please confirm

4) If this travel is not counted as part of 180 days limit, What additional documents I should produce so it is not left to discretion of the case worker when I apply for ILR. Please clarify

I will ensure that any absences other than paid annual leave or necessary business trips as explained above should not exceed 3 months at a time or 6 months in total over the 5 year period as long as my paid annual leave and short business trip as explained above are not counted towards 180days over 5 years settlement rule.

Thanks in anticipation...
Rosdean

---------------------------------
Dear Rosdean,

Thank you for your e-mail, in which you ask for clarification of current UK Border Agency guidance for assessing the period of 5 years continuous lawful residence in United Kingdom.

The information you require can be found on the UK Border Agency website at this link: UKBA Modernised Guidance: Indefinite Leave to Remain - Calculating Continuous Period in the UK

To explain further short business trips and paid annual leave may be disregarded when calculating the continuous leave period.

Leave within the UK and other longer absences outside the UK for either compassionate or work related reasons may be disregarded or aggregated, but this will be at the discretion of a UK Border Agency senior officer, after you have made your application.

In making the decision whether to disregard or aggregate leave, the caseworker must take into account all of the individual circumstances of a migrants case including the type of employment, the annual leave in their contract of employment, the reasons and necessity of short or longer business trips, together with any exceptional and compassionate factors which may have delayed return to the United Kingdom.

In exercising discretion, the caseworker and senior officer would assess whether this absence would be reasonable on a case by case basis. To aid the decision making process, it is recommended that migrants forward all relevant supporting documentation at the time they make their application for settlement including employer/medical evidence where appropriate.

The UK Border Agency does not hold any additional instructions or guidance other than that which has been provided in this reply.

Kind regards

Operations Policy,
UK Border Agency.

Angela Jiang · Post by **Angela Jiang** » Thu Nov 03, 2011 5:57 pm

very useful

jami · Post by **jami** » Thu Nov 03, 2011 7:04 pm

UKBA reply is though general one yet is not adverse.
And if any UKBA reply is not adverse than it is a good omen.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Absences - UKBA clarification about conflict

Dear Jami,

Need details of UKBA email to ask the question Jami asked

Re: ILR Absences - UKBA clarification about conflict

My ILR Issue

Good thread

Start of period or absence