ILR work permit holders (teacher)

[ksab]

I am eligible to apply for ILR next September. The rule states I can't have been out of the U.K. for more than 180 days in total. I've already been out for 178 days with a year to go (all on holiday, not for work). It says more than 180 is at the case workers discretion.

I'm a teacher and therefore get long holidays, which I make use of to travel abroad. Do you reckon the caseworker will take this into consideration?

Are there any teachers on this forum who've applied for ILR?

[ssdgr77]

They do not count business trips (trips related to job) if you submit employer letter for such absences. If trips are personal, they would not care whether your job allows you to have long holidays or not.

[ssdgr77]

http://www.immigrationboards.com/viewtopic.php?t=23775

[ksab]

Thank you for the reply.

In the link you sent me, the person was refused ILR and had spent 11 months in total out of the UK.

There seems to be no clear answer in the rules with some people in the forum having been told it's 225 days in their ILR application.

[geriatrix]

What is your current immigration status?


regards

[ksab]

i have a work permit...

started in 2006 on a 2 year one, and then extended it by another three (within the uk)

[ksab]

will apply for ILR upon completition of 5 years (28 days before..)

[geriatrix]

If your absences are consistent with annual leaves then the discretion should be in your favour.

Getting a letter from employer stating school holidays in the qualifying years may help caseworker realize that the absences have been during the holiday periods.

This said, the permitted allowance has always been 90 (single) /180 (total) days.


regards

[ksab]

Thanks very much.

i'm on 178 with a year to go. will probably travel another 10-12 days maximum then this year and take a letter with school holidays. kind of hard not to travel at all when i have around 14 weeks a year.

[optimist_eternal]

i'm on 178 with a year to go. will probably travel another 10-12 days maximum then this year and take a letter with school holidays. kind of hard not to travel at all when i have around 14 weeks a year.

You want to have your cake and eat it too.... If a holiday is so important to you that you don't mind even, perhaps, putting your forthcoming ILR in jeopardy so what exactly are you looking then from the members on this forum?

Some sort of a reassurance from them ("don't worry, go ahead on a long personal holiday and you would be all right when you subsequently apply for your ILR") and/or the members should act as soothsayers and predict that despite your not wanting to sacrifice your holidays even for a year (esp. in view of a pending ILR) and thus, perhaps, end up being in contravention of immigration rules, the case worker handling your case may look the other way while reviewing your case?

[ksab]

There are parts of the forum where people have said case workers told them it's 225 days out of the U.K. but to apply in person they have a threshold of 195. Trying to get as much information as possible because this area is quite unclear with different case workers having told different things.

The last post on http://www.immigrationboards.com/viewto ... 05bded7a9f will make this clearer