Urgent Query - absences

[KD1]

Hi,

I was reading through the forum and came across something that I needed confirmation from senior members and moderators:

I came to the UK in May 2007 on a WP on a transfer from a Indian company.
I was here on that assignment till 8th Jan 2008 and then went back to India for a period of 38 days since that project got over.
During this time I was not on UK payroll. I then came back to the UK in middle of February 2008 with the same company and the same WP but for a different client.

I was given a P45 for the period May 07 to Jan 08 when I left in January and I also have a P60 for the period Feb 08 till Mar 08.

Can this gap be considered within the regular 180 days absence rule or will this become an issue for my ILR application. Across the 5 years I am below the 180 days period and have not spent more than 3 months outside UK at any point.

I no longer work with this company (am self employed now) so getting any letters to prove this will be difficult.

Any advise will be great - please help.

[KD1]

please could any senior members or moderators help on this.
I'm planning to include these 36 days as personal absence but the fact is that I was not economically active or in the UK for this period.

Would this become an issue for my application?

[uksettlement]

38 days absence is fine as you have not broken the continous stay clause. You are well within 180 days and 90 days.

[KD1]

Thanks mate.
So wiuld yoi recommend that I show this period as a personal holiday or should I state the facts and say that I was working out of the country for this period?
I can't really get any letters confirming the work aspect.

[asim72]

These absences do not need to be explained. Why try to solve a problem that doesn't exist?

[uksettlement]

exactly do not mention anything explaining that absence.

[KD1]

Thanks guys but I need to write something in the SET (o) form in the column which says 'reason for absence' - should I simply go with 'Holiday'?

[asim72]

So, basically, you invent a problem which does not exist. Then you try to solve this non-existent problem, and then go on and tell lies for this exercise.

Just state the facts. Why do you want to invent things when you don't need to?

Why do people sometimes have a tendency to tell lies, when there is no dire need or reason for it, why?

[cs95tdg]

Thanks guys but I need to write something in the SET (o) form in the column which says 'reason for absence' - should I simply go with 'Holiday'?

Only you can answer that question. If it was a holiday then, yes. Don't over-complicate or over-think the answer.

[KD1]

asim72 - the form requires me to give the start and end dates for every single absence from the UK. I don't think that I am trying to invent or come up with scenarios and complicate my own application.

It's simply a query as to what should be written in the form.
My only query was whether I should state the fact that I was out of the country and working abroad i.e. not on UK payroll.

The reason I am hesitant to put this is because I do not have any letters to back this up if the CW asks for this. If this is something that the case worker will not bother with as this is well below the 90 day limit then I would want to write the facts and say that I was on a transfer back to the offshore location.

Thanks for your inputs in any case.