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Hello all,
I have a few questions while reading the document of calculating continuous period in UK and I hope you could share with me some of your opinions. Apology if it causes any confusion.
Indefinite leave to remain: calculating continuous period in UK

1. Page 9 Transitional Arrangements – rolling 12 month period
''For settlement applications made from 11 January 2018, ...If the applicants qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application.'' They also provided an example in the doc.

Does it mean if the two Tier 2 General granted for Nov 2013- Jan 2017 and Jan 2017 - Nov 2019, then the ILR application will be exempted from a rolling basis but using the previous rule??

2. Page 11 Interim caseworker action – missing evidence
''You still need evidence where the absences in a 12 month period (as defined above) exceed 30 working days plus statutory public holidays.''

Assume it is a 12 rolling months basis case. So if the applicant has any extra days outside 30 working days plus public holidays in any 12 rolling months, he needs to provide evidence to explain what are these extra days? Is a letter from employer enough or need to provide anything else? It feels like another requirement along with the 180 days.

Many thanks in advance.

Does it mean if the two Tier 2 General granted for Nov 2013- Jan 2017 and Jan 2017 - Nov 2019, then the ILR application will be exempted from a rolling basis but using the previous rule??

Yes. Rolling basis only applies if a visa was granted after 11 Jan 2018

Assume it is a 12 rolling months basis case. So if the applicant has any extra days outside 30 working days plus public holidays in any 12 rolling months, he needs to provide evidence to explain what are these extra days? Is a letter from employer enough or need to provide anything else? It feels like another requirement along with the 180 days.

The employer letter should simply list all the absences from the UK. That is enough

Zimba wrote: ↑

Thu Feb 07, 2019 12:23 am

Does it mean if the two Tier 2 General granted for Nov 2013- Jan 2017 and Jan 2017 - Nov 2019, then the ILR application will be exempted from a rolling basis but using the previous rule??

Yes. Rolling basis only applies if a visa was granted after 11 Jan 2018

Assume it is a 12 rolling months basis case. So if the applicant has any extra days outside 30 working days plus public holidays in any 12 rolling months, he needs to provide evidence to explain what are these extra days? Is a letter from employer enough or need to provide anything else? It feels like another requirement along with the 180 days.

The employer letter should simply list all the absences from the UK. That is enough

Thank you so much for your prompt response.

Zimba wrote: ↑

Thu Feb 07, 2019 12:23 am

Does it mean if the two Tier 2 General granted for Nov 2013- Jan 2017 and Jan 2017 - Nov 2019, then the ILR application will be exempted from a rolling basis but using the previous rule??

Yes. Rolling basis only applies if a visa was granted after 11 Jan 2018

Assume it is a 12 rolling months basis case. So if the applicant has any extra days outside 30 working days plus public holidays in any 12 rolling months, he needs to provide evidence to explain what are these extra days? Is a letter from employer enough or need to provide anything else? It feels like another requirement along with the 180 days.

The employer letter should simply list all the absences from the UK. That is enough

Hi Zimba,

Would it be worthy to mention the no. of days gained via Time in lieu office policy (e.g: days gained to replace working or travelling for work during the weekends)?

Many thanks again.

I think what is very important in essence is the number of days you spent outside the UK and the CTA. You need evidences that will confirm those absences.

bizman wrote: ↑

Thu Feb 07, 2019 2:04 pm

I think what is very important in essence is the number of days you spent outside the UK and the CTA. You need evidences that will confirm those absences.

Thanks Bizman,

But would it be just the employer's letter to confirm all the information? Unless your no. of absence days exceeds the 180 limits. Is it right?

Thanks again.

The employer letter is a substantial evidence, only ensure all the absences are mentioned in it