Immigrationboards.com

Posted: **Fri Oct 09, 2020 3:56 pm**

Hi,

I (and my family) have been in the UK since June 2011 starting with a Tier 2 (ICT) and then switching in to a Tier 2 (General) in 2017 while still in the UK. I am now planning to apply for ILR using the long residence route.

While reading up the eligibility criteria for continuous residence, there is a criteria around 180 days at a time and 540 days in total. Does this apply to vacation leave or does it also include travel for work? My job required me to travel on a regular basis and my work-related travel would range from a day to around 2 weeks and holiday travel (not taken every year) would be between 2-4 weeks.

I would like to know if they treat these differently or do I need to prepare my application calling out such work travel?

Regards,
VM

Posted: **Fri Oct 09, 2020 4:39 pm**

While reading up the eligibility criteria for continuous residence, there is a criteria around 180 days at a time and 540 days in total. Does this apply to vacation leave or does it also include travel for work? My job required me to travel on a regular basis and my work-related travel would range from a day to around 2 weeks and holiday travel (not taken every year) would be between 2-4 weeks.

All and any absence is treated as absence. There is no distinction between work or holidays.

I would like to know if they treat these differently or do I need to prepare my application calling out such work travel?

It is ALL absence for long residence. If you have exceeded the limit, your ilr will very likely be refused.

Posted: **Fri Oct 09, 2020 4:44 pm**

vmtier1aspirant wrote: ↑
Fri Oct 09, 2020 3:56 pm
Hi,

I (and my family) have been in the UK since June 2011 starting with a Tier 2 (ICT) and then switching in to a Tier 2 (General) in 2017 while still in the UK. I am now planning to apply for ILR using the long residence route.

While reading up the eligibility criteria for continuous residence, there is a criteria around 180 days at a time and 540 days in total. Does this apply to vacation leave or does it also include travel for work? My job required me to travel on a regular basis and my work-related travel would range from a day to around 2 weeks and holiday travel (not taken every year) would be between 2-4 weeks.

I would like to know if they treat these differently or do I need to prepare my application calling out such work travel?

Regards,
VM

I believe the 540 days absence rule includes ALL sorts of travel. It may be possible to justify work-related mandatory travel with a cover letter if your total days are exceeding 540, as ILR is determined case by case.

Posted: **Fri Oct 09, 2020 4:44 pm**

schen wrote: ↑
Fri Oct 09, 2020 4:44 pm

vmtier1aspirant wrote: ↑
Fri Oct 09, 2020 3:56 pm
Hi,

I (and my family) have been in the UK since June 2011 starting with a Tier 2 (ICT) and then switching in to a Tier 2 (General) in 2017 while still in the UK. I am now planning to apply for ILR using the long residence route.

While reading up the eligibility criteria for continuous residence, there is a criteria around 180 days at a time and 540 days in total. Does this apply to vacation leave or does it also include travel for work? My job required me to travel on a regular basis and my work-related travel would range from a day to around 2 weeks and holiday travel (not taken every year) would be between 2-4 weeks.

I would like to know if they treat these differently or do I need to prepare my application calling out such work travel?

Regards,
VM
I believe the 540 days absence rule includes ALL sorts of travel. It may be possible to justify work-related mandatory travel with a cover letter if your total days are exceeding 540, as ILR is determined case by case.

There is no discretion for ilr based on long residence

Posted: **Fri Oct 09, 2020 4:50 pm**

vmtier1aspirant wrote: ↑
Fri Oct 09, 2020 3:56 pm
Hi,

I (and my family) have been in the UK since June 2011 starting with a Tier 2 (ICT) and then switching in to a Tier 2 (General) in 2017 while still in the UK. I am now planning to apply for ILR using the long residence route.

While reading up the eligibility criteria for continuous residence, there is a criteria around 180 days at a time and 540 days in total. Does this apply to vacation leave or does it also include travel for work? My job required me to travel on a regular basis and my work-related travel would range from a day to around 2 weeks and holiday travel (not taken every year) would be between 2-4 weeks.

I would like to know if they treat these differently or do I need to prepare my application calling out such work travel?

Regards,
VM

And since you entered the UK in June 2011, you can only apply in June 2021

Posted: **Mon Oct 12, 2020 7:32 pm**

Thank you CR001, schen and poper. Great answers and all very helpful.

Can I please ask as on what basis are the absences calculated? For example, if I depart from UK on Monday 01-Jun-2020 and return back on Friday 05-Jun-2020, does that count had 5 days of absence or only 3days of absence (as I was in UK on Mon and Fri)?

Regards,
VM

Posted: **Mon Oct 12, 2020 7:35 pm**

vmtier1aspirant wrote: ↑
Mon Oct 12, 2020 7:32 pm
Thank you CR001, schen and poper. Great answers and all very helpful.

Can I please ask as on what basis are the absences calculated? For example, if I depart from UK on Monday 01-Jun-2020 and return back on Friday 05-Jun-2020, does that count had 5 days of absence or only 3days of absence (as I was in UK on Mon and Fri)?

Regards,
VM

3 days. Only FULL days are counted for the absence calculations. Any day that you were in the UK does not count.

Posted: **Fri Oct 23, 2020 4:41 pm**

Hi ajitu92 (and others),

Is there any reference to the clause or rule that clarifies this point about "full-day absences" vs. "part-day-absences"? If so, could you please share the link to the same?

Also, is there a sample of a cover letter or details about what to put in it, that would be great.

Regards,
VM

Posted: **Fri Oct 23, 2020 5:03 pm**

You may be over-thinking this unless you have excessive absences.
The application form asks for entry and exit dates of your travels. You do not need to calculate this yourself unless you are close to hitting a single absence of 180 days or overall absence of 540 days

There is no cover letter required if your application is straightforward

Posted: **Fri Oct 23, 2020 5:08 pm**

Hi poper,

Thanks for your reply.

poper wrote: ↑
Fri Oct 23, 2020 5:03 pm
You may be over-thinking this unless you have excessive absences.
The application form asks for entry and exit dates of your travels. You do not need to calculate this yourself unless you are close to hitting a single absence of 180 days or overall absence of 540 days

Do I understand correctly that I have to put in all the entry/exit dates for each of my travels on the application form? If I go by the response form ajitu92 earlier and only count FULL DAYS away then i am well within the limit but if I simply calculate using the exit and entry date, then the number goes above. Hence, i wanted to check if there was any clause in the written guidelines that explain whether to look for FULL DAYS or even part days.

Regards,
VM

Posted: **Fri Oct 23, 2020 5:12 pm**

Read the long Residnece guidance note.

Completing the form with your entry and exit dates is separate to the calculation of whole absence days. UKVI do know the rules.

Posted: **Sun Oct 25, 2020 12:40 pm**

Hi CR001,

Thanks for the reply. UKVI are the best people to know the rules but I thought it would be worth asking given that by including actual dates of travel, the number goes above 540.

Ona different note altogether - is there a way i could start my application process online on my own to try and see what documents etc. are needed and then later on actually apply using the services of a solicitor? My immigration history is fairly straight-forward so I have not been able to make up my mind about using a solicitor or not but at the same time I want to get a view of all documents that the authorities may require as the application process seems to be asking for additional documents on a case-by-case basis?

Regards,
VM

Posted: **Sun Oct 25, 2020 12:51 pm**

You don't need a solicitor for a simple application. It will only make you poorer. A solicitor adds no benefit to you or advantage for UKVI to consider.

You are free to run a dummy application.

Posted: **Sun Oct 25, 2020 12:59 pm**

Dear CR001,

Many many thanks for a super-prompt reply (and that too on a Sunday). Full brownie-points to you.

I finish 10 years in Jun 2021 and the earliest I can actually apply is May 2021. Does it make sense starting a dummy application now and seeing how things stand between now and then and finally submitting in May 2021?

Regards,
VM

Posted: **Sun Oct 25, 2020 2:03 pm**

An application online only remains live for about 10 weeks before it is deleted. It is pointless starting now when you can only apply in 7 months time.

You can do a dummy and NOT submit just to see the questions if you like, but you will have to start again when you are ready and qualify to apply.

Posted: **Sun Oct 25, 2020 2:26 pm**

There was a report on another forum that applicants have received this message:

“You must return to your form within 7 days, or it will be deleted to protect your privacy.”

Posted: **Sun Oct 25, 2020 6:09 pm**

Dear CR001 and vinny,

Many thanks for your reply.

Have a super rest of the weekend!!!

Regards,
VM

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