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short absences

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snow
Junior Member
Posts: 81
Joined: Sat Aug 30, 2008 1:54 pm

short absences

Post by snow » Thu Sep 11, 2008 12:18 am

Hi

Short absences consistent with annual paid leave (personal) means 1 week or 2 weeks or 3 or 4 days , please answer this .

Thank You.

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Post by Christophe » Thu Sep 11, 2008 1:13 am

I think it's deliberately left undefined in the hope that common sense will prevail.

How much annual leave do you get? If you get, say, 4 weeks' annual leave but you appear to have taken 12 weeks' holiday outside the country every year, that would look odd. On the other hand, if you get 4 weeks' annual leave and you take 4 weeks' holiday every year, that would be reasonable. Different companies give different amounts of annual leave (though there is a legal minimum for contracted employees, there is no maximum), and people who do shift work or who have to work on bank and public holidays often get more annual leave than their colleagues who are contracted to work more social hours.

And I don't think the length of each individual trip is the point at issue.

Does that help to answer your concern?

snow
Junior Member
Posts: 81
Joined: Sat Aug 30, 2008 1:54 pm

Post by snow » Thu Sep 11, 2008 9:51 pm

Hi Thank You for answering to my thread .


In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.


My question is holidays consistent with annual paid leave is disregarded means 180 days +paid leave is disregarded or paid leave is already included in 180 days , please anyone answer this????

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Post by Christophe » Thu Sep 11, 2008 11:47 pm

Paid leave is included in the 180 days, but I think that there is room for some discretion. But it might be easier for people to answer the question meaningfully if you said how many days absence there is, what the absences were for, and a bit more about your relevant circumstances.

snow
Junior Member
Posts: 81
Joined: Sat Aug 30, 2008 1:54 pm

Post by snow » Fri Sep 12, 2008 12:09 am

Hi

Absences were for personal holidays , as my absences are 207 days (27 days more) these 27 are fully paid .Now how this is calculated.

Many Thanks for replying.

global gypsy
Senior Member
Posts: 537
Joined: Fri May 04, 2007 7:00 pm
Location: London
United Kingdom

Post by global gypsy » Fri Sep 12, 2008 11:55 am

I believe the relevant number is 225, not 180. This is based on 45 days per year x 5 (as against the earlier 45 x 4 = 180 that was used before when it took 4 years to qualify for ILR).
On that basis, 207 days should be ok, I think.

Also see here for related discussion:
http://www.immigrationboards.com/viewto ... 120#194120

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Fri Sep 12, 2008 12:59 pm

But apparently, there is a different criteria for same day, in-person applications, at the PEO. The picture that is emerging is that different caseworkers may be using different criteria.

snow
Junior Member
Posts: 81
Joined: Sat Aug 30, 2008 1:54 pm

Post by snow » Sat Sep 13, 2008 3:07 pm

Hi

Yes everyone is using there own criteria .

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