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Absences from the UK : Which is correct 184 or 178

Posted: Mon Apr 18, 2011 3:21 pm
by kisran10
Hi Guys,
I have been going through this forum since last few days and really thanks to everyone for their in puts and valuable suggestions.

I am planning to apply my ILR SET(O) - WP+HSMP+Tier 1 .I know that in last five years total absences should not be more than 180 days and business trips and anuual paid holidays can be ignored provided letter from employer .

In the new application form they are asking below question for Tier 1 route applicants.

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

Are they published any caluclator to do this correctly ?

In my case , I have travelled 6 times in last five years and If I exclude date left the UK , the total days are 178 , ohterwise it is 184 as I need to answser Yes or no to D2 .

If 178 is correct then I don't have to get any letters from my previous employers .

see my dates and calculation:

1/ 12/08/2006 to 30/10/2006 (Business trip) 79 or 78
2/ 25/11/2006 to 07/01/2007 (Business trip) 43 or 42
3/ 20/04/2007 to 08/05/2007(Annual Leave ) 18 or 17
4/ 22/02/2008 to 09/03/2008(Annual Leave ) 16 or 15
5/ 12/06/2009 to 29/06/2009(Annual Leave ) 17 or 16
6/ 24/09/2010 to 05/10/2010(Annual Leave ) 11 or 10

the first one calculated by including date left the UK and exlude date returned to the UK , total days - 184

The second one calculated by exclude date left the uk and date returned to the Uk , total days - 178

Please have your thoughts on this.

Thanks in advance.

Calculation

Posted: Mon Apr 18, 2011 3:25 pm
by Tweedum
I believe you don't count the day you 'departured and arrived' in the UK as technically you have been in the country.

Re: Calculation

Posted: Mon Apr 18, 2011 3:53 pm
by xyz123
Tweedum wrote:I believe you don't count the day you 'departured and arrived' in the UK as technically you have been in the country.
that is correct.

Posted: Tue Apr 19, 2011 11:11 am
by kisran10
Thanks to Tweedum and xyz123 .

This is big relief now as I only absent 178 , two days less than the max limit.

Do we have any guidence notes to check this or only technical assumption.

Posted: Thu Apr 21, 2011 11:01 am
by kisran10
I have spoken with home office help line and she said date left also to be counted and only date return can't be counted.

Can any one have any thougts on this .Have they mentioned any where in case workers manual or guide lines notes.

Hi Experts ,

Could you please have a look and advise on this .

Re: Absences from the UK : Which is correct 184 or 178

Posted: Thu Apr 21, 2011 11:31 am
by maximux79
I think if you produce documents (or letter) from your employer saying that the businness trip is required (or needed) to perform your role and during that period you are paid in UK and continued to be employed in UK, HO may exempt those days..

Cheers

kisran10 wrote:Hi Guys,
I have been going through this forum since last few days and really thanks to everyone for their in puts and valuable suggestions.

I am planning to apply my ILR SET(O) - WP+HSMP+Tier 1 .I know that in last five years total absences should not be more than 180 days and business trips and anuual paid holidays can be ignored provided letter from employer .

In the new application form they are asking below question for Tier 1 route applicants.

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

Are they published any caluclator to do this correctly ?

In my case , I have travelled 6 times in last five years and If I exclude date left the UK , the total days are 178 , ohterwise it is 184 as I need to answser Yes or no to D2 .

If 178 is correct then I don't have to get any letters from my previous employers .

see my dates and calculation:

1/ 12/08/2006 to 30/10/2006 (Business trip) 79 or 78
2/ 25/11/2006 to 07/01/2007 (Business trip) 43 or 42
3/ 20/04/2007 to 08/05/2007(Annual Leave ) 18 or 17
4/ 22/02/2008 to 09/03/2008(Annual Leave ) 16 or 15
5/ 12/06/2009 to 29/06/2009(Annual Leave ) 17 or 16
6/ 24/09/2010 to 05/10/2010(Annual Leave ) 11 or 10

the first one calculated by including date left the UK and exlude date returned to the UK , total days - 184

The second one calculated by exclude date left the uk and date returned to the Uk , total days - 178

Please have your thoughts on this.

Thanks in advance.

Posted: Thu Apr 28, 2011 3:19 pm
by Skispers
Hi,

I agree with kisran10's comment about where this is documented.
I am in the same position and need to know the exact calculation.
I just called the Home Office help line for immigaration and asked how absenses are calculated and was told both departure and arrival dates add towards your total time absent.
In this thread there are now conflicting comments about three possibilities for the calculation, and for some of us this is terribly important.

Could someone point to where this is to be found in Guidance Notes or other.

best regards
Skipsers