Post
by paulp » Sat Oct 04, 2008 10:17 am
The caseworker guidance says 6 months absence in all over 5 years but other posters have said their caseworkers allowed them 225 days. However, just to be safe, send any medical evidence. Also, it's a good idea to get a letter from your employer giving details of your holiday dates.
The relevant section of the Immigration Directorate Instructions for caseeworkers:
"Section 3 -
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.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all."
