Immigrationboards.com

Lorenzo wrote:Hi All
I came to UK on HSMP and further extensions on Tier 1 (General)

My date of entry to UK: 18-May-2008

So my 5 years will be

18-May-2008 to 17-May-2009
18-May-2009 to 17-May-2010
18-May-2010 to 17-May-2011
18-May-2011 to 17-May-2012
18-May-2012 to 17-May-2013

Between 18-May-2008 to 17-May-2009 I was out of the country on Business travel for 181 days.
Between 18-May-2009 to 17-May-2010 --> 22 days
Between 18-May-2010 to 17-May-2011 --> 64 days
Between 18-May-2011 to 17-May-2012 --> 44 days
Between 18-May-2012 to 17-May-2013 --> 2 days

Total 313 days absences out of which 35 days on vacation and rest are on Business travel.

My questions:

1. Will this be a problem since I have crossed the 180 days limit/year?
Yes its definitely a problem isn't there a way of applying 2 dys before or after so that your absences can be below 180 days?

2. If this is fine, can I go for a PEO appointment and will the case worker be able to decide himself on this absence or will he need his senior to approve this?
After the recent rule changes it is either black or white so you either qualify or dont. There is no longer the scope of applying discretion. PEO or postal you wont qualify in either.

3. Or should I wait until my absences are less than 180 days (e.g If I wait until 2nd week of July my absence for 2008-2009 will be less then 180 days)?
Yes waiting is the only logical solution. However, I am not sure you will have to wait for a few months as you are just marginally over

4. Please let me know if my total absences 313 days will be a problem?
Total absence of 313 days isnt a problem the problem is more than 180 days in 1 year.

Please help me so I can plan my application for ILR as per your answers.

Thanks in advance.