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Hi All

I have got my appointment tommorow and am in need of urgent help.. I am facing an issue and would highly appreciate if you can help me out.. Following are my absences in last 5 years:

Months Days Absence

Jun 16 - Jun 15 - 35
Jun15 - Jun14 - 22
Jun14-Jun13 - 23
Jun13-Jun12 - 54
Jun12-Jun11 - 146

I got my first Tier1 G in Mar 2011 and went out after couple of days of getting my Tier 1 Gerneral and then I returned back in Sep 2011 making a total absence of 178 days. I was working outside UK - in India, during this time and there was no economic activity in UK.
I am confused about this now as acc to absence guideline

Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.

So the main query is my eligibility to apply in Jun16. Does the time when I was workin outside UK with no economic activity in UK count towards 180 days absence period?

If yes, What reason should I show for this first break as there was job outside UK (Is Employment fine?) and I was getting paid outside UK only only no economic activity whatsoever in UK.

And what evidence is required for this leave..

I would be highly grateful if you can please help me out on this...

As you didn't get paid for the 178 days in the UK, CW will consider this as an absence. You may have to show a personal valid reason to cover the absence.

Thanks rk050776

But Can I show the reason being employment outside UK.

In Guidelines the below is mentioned .. So wanted to know will that not be considered as non permitterd absences and break the continuous period.. or will these be considered under 180 days absence...?

Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.

Well you can have 180 days absence in every year within your 5 years. In your case it's 178 days in one year. You can explain CW that it is due to extreme personal reasons and it should be ok.

Not to worry. You are 100% fine.

Hi Karankun,

What happened to your application today? I hope you have been successful.

Hi rk050776

Thanks for the concern.. I postponed the appointmentment by the time I got the answers.. And was thinking after that I shouldn't have done that.. I wasted the day also..

Thanks a lot for your help though...

Thanks a lot to jibon also for the help...

Cheers

Hi rk050776 and jibon

I am wondering though If I keep the reason as Employment for those 178 days.. Would it make any impact? - Would it be considered as break in continuous period?

The guidance given at https://www.gov.uk/government/uploads/s ... ds-v13.pdf
clearly states that "Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason"

I do not know if your oversees Employment was consistent with the original purpose of entry to the UK.

Hi Indiancosult

The link you sent is not opening - throwing a 404 error. Can you please resend it.
This was an Indian based company I joined in UK and they sent me to India for 178 days.. The time I was in India I was getting paid there and paid the tax there.. so no economic activity in UK during that time. Does that mean my oversees employemnt was consistent with the original purpose of entry to UK?

Please try this
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

or search "continuous period of stay ilr" on google.

Seems that you were sent to oversees for business reasons. It may help if you get a letter from the company to this effect. I have heard that sometimes home office may not ask if absence is less than 180 days. But safer to have supporting documentation to explain the situation.