Page 1 of 1

Clarification on calculating continuous period of absence

Posted: Thu Feb 07, 2013 1:06 pm
by Haris2108
Hi

I am on HSMP + Tier 1 since 2008 March:

Initial HSMP visa granted on : March 21st 2008
Initial date of arrival : March 26th 2008

Tier1 is valid till : March 21st 2013 after first extension in 2010.

I am going for PEO in cryodon for ILR on Feb 27th 2013 ( exacly 28 days before Initial date of Arrival ie March 26th 2008)

I am calculating my continuos if period of abscence during the past 5 years like below table and want to give it to caseworker:

UK Absence in each calendar year from the date of application (27th of Feb 2013) :
From Till Total days away
Year 1 27/02/2013 26/02/2012 0 < 180 days
Year 2 27/02/2012 26/02/2011 81 < 180 days
Year 3 27/02/2011 26/02/2010 125 < 180 days
Year 4 27/02/2010 26/02/2009 85 < 180 days
Year 5 27/02/2009 26/02/2008 107 < 180 days


I just want to know how to keep till date in Year 5. Should I calculate till 26/02/2008 or 26/03/2008 as I arrived in UK on 26th March 2008? Can you kindly guide?

Thanks
Haris

Posted: Thu Feb 07, 2013 1:12 pm
by wpilr_nov12
26/3/2008. You can't be absent (for ILR etc purposes) without first being present in UK.

Posted: Thu Feb 07, 2013 1:34 pm
by Haris2108
thanks for the response,if i keep 26/3/2008 - year 5 would be only 11 months, should i mention it to the case worker when I present the above table to him? or shall I hope caseworker understands it.

Thanks
Haris

Posted: Thu Feb 07, 2013 2:04 pm
by wpilr_nov12
I dont think it is a real big issue.

Posted: Fri Feb 08, 2013 12:41 am
by Mirate
Thank you my case is similar to yours but more complicated, I have just seen another thread with similar problem and list it now but I have now calculated the days and I am posting for you to give me advice, I have booked on the 20th as I mentioned, I think this need to be changed to 28 as I am 97 days in one row,,see below my dates..


Year 1- 20 March 2013 -----19 March 2012. <
Year 2- 20 March 2012--------19 March 2011. <
Year 3- 20 March 2011. --------19 March 2010 <
Year 4- 20 March 2010--------19 March 2009. < 180
Year 5 - 20 March 2009 -------25 June 2008 have 29 days absent in that period in addition to months from 25 June 2008 till 20 march 2008 an addition to 97 days...= 123 days

However, my WP visa as I mentioned above is 17th of April..

Will the 97 days in one go not break my continuous residence.. And the total of my year will be 4 years 9 month and 15 days..can is state that please le me know,,,will I argue I arrived not eh17th of jauary,,

Please please advice

Posted: Fri Feb 08, 2013 6:54 am
by uksettlement
Hi mirate,

I think u r making the guidance over complicated!