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ILR and Absences from UK over 300 days..

Posted: Thu May 12, 2011 1:58 pm
by dehjet
hello, I am calculating my absences from UK and I found that I had many holidays outside UK in the last years.They are all short holidays (less then 4 weeks) and all paid. I only have 1 big gap outside the uk which is about 2.5 half months unpaid (It's less then 90 days so I don't think this should be a problem).I have a limited company therefore holiday is not a big problem for me. That's why I have so many.I am also planning to go many more this year..the problem is now next year I am planning to apply for ILR.How this will effect me ? Is this 180 rule applied to paid holidays as well ? Did I loose my chance to apply for ILR ? During these holidays (except the unpaid one) I was economically active here, my salaries was paid , I had a house that I was renting and paying and rent etc.

Posted: Thu May 12, 2011 7:03 pm
by gidoc
Case workers look to limit total absences to be less than 200, at 300 you are way above. only thing that can help you is if you can document that some were working absences.

Posted: Thu May 12, 2011 7:26 pm
by jami
no need to worry of paid holidays and business tours they are not counted towards 180 days absences when salary is paid for that period

Posted: Fri May 13, 2011 9:52 am
by salina02
jami wrote:no need to worry of paid holidays and business tours they are not counted towards 180 days absences when salary is paid for that period
I doubt this, I think the paid holidays and business tours counted towards the 180 days, If you go anything over then you have prove thats days.

I been out 269 days in which 140 days are paid holidays so if i go by your statement then i am only 129 days off from 180 days.

Regards

Posted: Fri May 13, 2011 5:59 pm
by jami
Doubt is un-founded.
On this forum there are dozens of example of discounting more than 250 days absences. In this case absences of more than 700 days were discounted wherein job related absences were around 670 and personal absences were around 90 only - over all 760 absences:
http://www.immigrationboards.com/viewtopic.php?t=56614


As per his account he was on WP and was posted abroad by UK company and in first two years he visited UK for few days only (3o days per year) and at times remained outside UK for more than 150 days continuously. However, in next three years he remained mostly in UK and during these 3 years his personal absences from UK were less than 90 days. Overall absences were around 760 days and were discounted.

To conclude in SET(O) each absence is to be listed with reasons and if sum total of private absences ( other than job related) is more than 180 days than one is in trouble unless the private absences were under compelling compassionate circumstances.

Posted: Mon Jan 23, 2012 11:25 am
by sunil.suneel
Jami, do you suggest that we should only mention the personal absences on the application and not bother mentioning the business and paid holidays in the application form ...

Posted: Wed Jan 25, 2012 4:07 pm
by ilrlondon09
Hi Suneel,

I am on HSMP JR + Tier1- 5 Years,planning to apply ILR in Feb 2012.

I am waiting for Jami's answer on your question, whether to mention only paid holidays instead of mentioning Business Trip at all.

Posted: Wed Jan 25, 2012 4:34 pm
by sunil.suneel
sunil.suneel wrote:Jami, do you suggest that we should only mention the personal absences on the application and not bother mentioning the business and paid holidays in the application form ...

Experts/Moderators, any clarification on this please ?

I also need the reply please

Posted: Sat Jan 28, 2012 4:02 pm
by ITGraduate
[quote="sunil.suneel"][quote="sunil.suneel"]Jami, do you suggest that we should only mention the personal absences on the application and not bother mentioning the business and paid holidays in the application form ...[/quote]


Experts/Moderators, any clarification on this please ?[/quote]

Re: I also need the reply please

Posted: Sat Jan 28, 2012 5:47 pm
by nnj10
staffordjafar wrote:
sunil.suneel wrote:
sunil.suneel wrote:Jami, do you suggest that we should only mention the personal absences on the application and not bother mentioning the business and paid holidays in the application form ...

Experts/Moderators, any clarification on this please ?
Doing so, might count as "Deception", as SET (O) form clearly says, list all the absences however short it may be. I personally wouldn't risk it.

Posted: Sun Jan 29, 2012 12:05 am
by sunil.suneel
But since there is limited space to mention all the absences ... should we just leave that section blank and attach an addition sheet detailing the business, paid and unpaid leaves ?

Then when we add up the numbers on this sheet, do we show a separate computation showing sum of unpaid leaves only or should we add up all the absences ?