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180 days rule - clarification pls

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tim82
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180 days rule - clarification pls

Post by tim82 » Fri Apr 20, 2012 5:27 pm

Hi all,
First, apologies if this topic has been covered before (i guess it probably has). But I couldn't find the answer easily.

The ukba form states:
"confirm that you have not been absent from the United Kingdom for more than 180 days in any 12 calendar months during the specified period of continuous leave"

But from the many posts I've read here, it seems people get worried for being abroad a total of more than 180 days during the whole 5 years?

I will have been away (non-business) for 44 days/year for each of the last 5 year = 44*5 = 220 days. This should be perfectly fine, or am I missing something?

Many thanks in advance

sameergk
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Joined: Sun Jun 14, 2009 9:45 pm
Location: London

Post by sameergk » Sat Apr 21, 2012 11:06 am

Section 9, item D2 of the new SET(O) form (http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf) released this april states the below:

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:

There is a section below this one to explain reasons for absences in excess of 6 months.So I think the 180 day rule still applies, however there may be special circumstances where it may be waived off.. Please can you tell me in which form did you find the wordings you have posted?

Regards
Sameer

tim82
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Joined: Fri Apr 20, 2012 5:15 pm

Post by tim82 » Sat Apr 21, 2012 12:45 pm

I stand corrected.
The above quote was on page 34 of that same form you supplied, but on closer inspection, it's in the "Entrepreneurs" section.
I guess I will just have to skip my holiday abroad this year, which will make my absences 44*4=176 days, just below that 180 days limit
Thanks for your reply!

sameergk
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Posts: 20
Joined: Sun Jun 14, 2009 9:45 pm
Location: London

Post by sameergk » Sat Apr 21, 2012 12:51 pm

You are welcome !
I have also read somewhere that the day you travel out of UK and the date you return to UK are not counted as an absence period, so if you travelled out on 1st and returned on 3rd then the absence is only one day. This might reduce the absence period vastly if you have made several short trips like me.. But I suggest you verify this.

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