180 Day rule 377 total Absences -PEO ILR appointment soon

Hi Forum Members,

You have been a great help and guidance. I have my ILR PEO application coming up soon. Need your help and guidance on documentation and how should I prepare.

[u]Background[/u]

HSMP: Mar 2007
Tier 1 (extension) : Mar 2009
ILR Due : Mar 2012

My Job from 2007 - 2009 required me to travel extensively to the middle east for Consulting engagements some times unto 18 days a month.


In 2009 I was Unemployed for 10 months but did not claim any benefits and managed with savings and wife's earnings.

During this time I made one trip of 62 days which will be counted as unpaid holiday.

From 2010 till now I have been in full time employment and based in UK with
only 10 days business travel.

Total Business Travel Days : 204

Total Paid Holidays : 111

Hence Total Personal : 111 + 62 = 173

Absences in Total : 377

- Salary and Taxes all paid in UK, have all payslips, P60s and HMRC employment history letter
- Wife has been in the UK throughout the time in full time employment
- Have privately rented a property for last 5 years and paid all council taxes and income taxes
- Have collected all Statement of Accounts for Council Taxes over last 5 years
- Have got a letter from previous employer specifying that my job required extensive travel for Consulting work and frequent trips to the countries I travelled to but all salaries, NI and taxes were paid in UK

Any other documentation that I need to prove that I have been based in the UK for last five years and UK has been my home.


Your help will be much appreciated.

If you have a letter from previous employer stating that the absences were for business propose and you were paid in UK for those trips, the you should be fine.

Hi Linkers,

Thanks for the reply.

The letter that I have from previous employer about business trips does not explicitly list each and every trip but generally states that I travelled extensively to the x, y countries for client engagements..Will this be ok?

jaskiratbaweja wrote:Hi Linkers,

Thanks for the reply.

The letter that I have from previous employer about business trips does not explicitly list each and every trip but generally states that I travelled extensively to the x, y countries for client engagements..Will this be ok?

its better if you get all the dates in your employer letter clearly. As much as information you give them will be better for you ? do you have any absence >90 a stretch ?

If you can prove your business and paid holidays then you are just fine as your unpaid leave count would then be only 62 which is what the case worker is mainly concerned...

Thanks for the reply guys. The only problem with getting detail of every single trip in the letter is that this company I worked for is a very big company and have an outsourced HR processes department and the best reference they could give me was a letter stating : -


' Mr X was employed as 'Title' from 'Start date' to 'End Date' During the time he was with our organisation, he had to travel extensively and frequently to Egypt and Dubai for Consulting engagements with our clients. For the complete duration of Mr X's employment, his salary, NI and taxes were paid in the UK and salary paid into his UK bank account.

I will try again if I can get a letter specifying every single trip. Are u aware if anybody has been hassled by UKBA for not having every single trip detailed on reference letter?

Hi Fahadz1 the longest absence at one stretch was 60 days. No absence longer than 90 days.

Seniors you inputs will be a great help.

jaskiratbaweja wrote:Thanks for the reply guys. The only problem with getting detail of every single trip in the letter is that this company I worked for is a very big company and have an outsourced HR processes department and the best reference they could give me was a letter stating : -


' Mr X was employed as 'Title' from 'Start date' to 'End Date' During the time he was with our organisation, he had to travel extensively and frequently to Egypt and Dubai for Consulting engagements with our clients. For the complete duration of Mr X's employment, his salary, NI and taxes were paid in the UK and salary paid into his UK bank account.

I will try again if I can get a letter specifying every single trip. Are u aware if anybody has been hassled by UKBA for not having every single trip detailed on reference letter?

Getting specific dates is very useful ... If your HR not able to log your absences, one way is you to make up the list of absences and send it to your HR to print it out and certify on their letter head ...

Thanks Sunil,

I will try and get the list on letter head. Do I need them to list Business trips only or both business trips and Paid Holidays?

If they don't mind listing both well and good ... If not just the business trips should suffice ...

But in that case, you should be able to show payslips for the durations of paid absences ...

Yes I do have all the payslips for full 5 year duration and P60's .

I will request them to send me a letter with the list of trips. If I get it that will be best. Else I will carry the existing letter as mentioned above and carry all the payslips to prove the point that my Salaries and taxes were being paid in the UK.

Hope for the best.