continously out of UK for exactly 90 days

Hi,

I came in to the UK as a 2 year work permit holder in Feb 2008,
later switched to Tier 2 (ICT) in Jan 2010 , after that got a Tier 1 (General) in Nov 2011.
Now I will complete my 5 yrs in UK in Feb 2013, and I should be able to apply for ILR (after I renew my Tier 1(General) in this Nov 2012).

But have a small problem for my ILR, as I had to work from India (which was my base location of my former company) for 3 months : Feb - May 2010.

I calculated the number of days, and its exactly 90 days that I was away.

Will that be an issue in my case?

In the guidelines for the continuous period of absence, they have mentioned "more than 3 months", so the exact 90 days may fall in the safe area?

Please let me know your thoughts.

Thanks

fithil wrote:Hi,

I came in to the UK as a 2 year work permit holder in Feb 2008,
later switched to Tier 2 (ICT) in Jan 2010 , after that got a Tier 1 (General) in Nov 2011.
Now I will complete my 5 yrs in UK in Feb 2013, and I should be able to apply for ILR (after I renew my Tier 1(General) in this Nov 2012).

But have a small problem for my ILR, as I had to work from India (which was my base location of my former company) for 3 months : Feb - May 2010.

I calculated the number of days, and its exactly 90 days that I was away.

Will that be an issue in my case?

In the guidelines for the continuous period of absence, they have mentioned "more than 3 months", so the exact 90 days may fall in the safe area?

Please let me know your thoughts.

Thanks

You should be just fine. I guess you've done the days correctly using the guidelines available at UKBA's site. Though there are fine lines in calculating the number of days absent from the UK, so far, I'm convinced that only count those dates when you're not in the UK's territory, meaning that if you've taken a flight/train at 11:59 of the day, you were still in the UK on that date.

And when you return back and got stamped, say at 00:01, you're again back to the UK.

A fictitious example:
Take the departure flight at 11:50 on the 20th of July, land India on the 21st and got stamp on it for that date.

Take a return flight early in the morning of the 24th of July from India and land in the UK on the same day in the evening.

In this case, it is not 4 day, it is only 3 days of absence from the UK which are 21, 22, and 23 only. Hence 3 days. This is how I've prepared my case. Hope that is right. If it is not right, please can some one shed some light on this.

Cheers,
Ashok

Ashokbrt wrote:

fithil wrote:Hi,

I came in to the UK as a 2 year work permit holder in Feb 2008,
later switched to Tier 2 (ICT) in Jan 2010 , after that got a Tier 1 (General) in Nov 2011.
Now I will complete my 5 yrs in UK in Feb 2013, and I should be able to apply for ILR (after I renew my Tier 1(General) in this Nov 2012).

But have a small problem for my ILR, as I had to work from India (which was my base location of my former company) for 3 months : Feb - May 2010.

I calculated the number of days, and its exactly 90 days that I was away.

Will that be an issue in my case?

In the guidelines for the continuous period of absence, they have mentioned "more than 3 months", so the exact 90 days may fall in the safe area?

Please let me know your thoughts.

Thanks

You should be just fine. I guess you've done the days correctly using the guidelines available at UKBA's site. Though there are fine lines in calculating the number of days absent from the UK, so far, I'm convinced that only count those dates when you're not in the UK's territory, meaning that if you've taken a flight/train at 11:59 of the day, you were still in the UK on that date.

And when you return back and got stamped, say at 00:01, you're again back to the UK.

A fictitious example:
Take the departure flight at 11:50 on the 20th of July, land India on the 21st and got stamp on it for that date.

Take a return flight early in the morning of the 24th of July from India and land in the UK on the same day in the evening.

In this case, it is not 4 day, it is only 3 days of absence from the UK which are 21, 22, and 23 only. Hence 3 days. This is how I've prepared my case. Hope that is right. If it is not right, please can some one shed some light on this.

Cheers,
Ashok

Thanks Ashok!

Were you away for 90 days while on UK payroll or were you on the Indian payroll?

KD1 wrote:Were you away for 90 days while on UK payroll or were you on the Indian payroll?

Fortunately I was on the UK payroll and none of my trips were more than 90 days in a go, though the total was just under the criteria.

I've not yet gone for the appointment, but hope that won't create any problem because my office has given me a letter authenticating the trips and supporting reasons for the trips.

Cheers,
Ashok

Ashokbrt wrote:

KD1 wrote:Were you away for 90 days while on UK payroll or were you on the Indian payroll?

Just wanted to know will this be an issue, I have been out of country and on Indian Payroll, though not for more than 90days.

jsamad wrote:

Ashokbrt wrote:

KD1 wrote:Were you away for 90 days while on UK payroll or were you on the Indian payroll?

Just wanted to know will this be an issue, I have been out of country and on Indian Payroll, though not for more than 90days.

Sorry dear. I'm not confident enough to say anything on this. Someone with this knowledge or experience please help here....

I've got the same issue as I was away for 36 days on non UK payroll.
Any advise from seniors or moderators?