After the 13th December, these as there rules that the application will be considered under:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Main Points:
· Only whole days absences are counted. Part day absences, for example, less than 24 hours duration are not counted.
· If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.
· Where an applicant’s continuous residence period includes time spent as a Tier 2 Migrant or a work permit holder annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment (see link on left: Breaks in the continuous lawful period).
To be on the safe side I would detail the reasons for any long absences (just so the caseworker can take this in to consideration). But in the new rules they are only interested in the total number of absences over a 12 month period. It appears that if they do not exceed 180days in any 12 month period the applicant satisfies the requirements of the rules. They work out the 12 months like this.
Entry date: 10 November 2007.
Year 1
11 November 2012
to 10 November 2011
Year 2
11 November 2011
to 10 November 2010
Year 3
11 November 2010
to 10 November 2009
Year 4
11 November 2009
to 10 November 2008
Year 5
11 November 2008
to 10 November 2007
I think that the details on the SET(O) application form have not been completely updated, they will be in due course.