ILR - 5 Years Calculation

[ammaralvi]

I was given entry clearance on 29/05/2009 however couldn't travel to the UK until 18/10/2009 due to family reasons. After that I have made following holiday trips:

28/08/2010 - 02/10/2010 (36 days)
25/12/2010 - 15/01/2011 (22 days)
22/04/2011 - 07/05/2011 (16 days - I was unemployed [switching jobs] during this time until 09/05/2011)
07/12/2011 - 09/01/2012 (34 days)

All of these include the travelling days and total to 108 days as it stands. I obviously plan to take further holidays until the time I'm eligible for ILR but plan to keep the total count to less than 180 days in total during the period of 5 years (i.e. until 18/10/2014).

I have recently been accepted a job that requires initial training in Dubai for first three months approx - I don't know exact number of days yet however it could well be over 90 days. I also plan to take approx 10 days holidays during this training period which will be on top of the three months' training.

My questions with regards to the above scenario are:

1. How should I plan at this point to make sure I don't break my 5-years ILR clock?

2. What documentary evidence should I request from my employer at completion of my training to suffice the requirement that that was a business trip?

3. If I take holidays during my training period shall that letter state it clearly?

4. Should I definitely be paid for whole of my training period in the UK (specifically in case if I have to stay over 90 days for training)? Or could it be that I get one salary in Dubai and others in the UK?

5. If I need to have any subsequent business trips of about 1-2 weeks, what should I request from employer for each trip, similar letter as in #2 above?

Thanking you in advance for your help and guidance.

[wpilr_nov12]

For your question 2 and 5, Page 4 bottom half (2nd bullet point) would be a good place to begin from this link. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[ammaralvi]

Thanks for your reply wpilr_nov12.

I've seen the document you've linked to. In my case as my employer is trying to setup their development operations in the UK and I'm the first main technical contact in the UK so I need a thorough training. So, reading through the 2nd bullet point I need a letter from my employer stating that very reason; I'm sure I'll be able to get that. Would that suffice?

What's your suggestion with regards to 90+ days training stay and taking holidays in between that time? Shall I try to get back from training within 90 days and take the holidays outside that period to make sure I don't break continuous residence?

Also, do I need to be paid in the UK to prove economic activity?

Thanks in advance for your help and guidance.

[wpilr_nov12]

Regarding the letter, I would ask the company to include some financial numbers to justify why I had to go there, and what was so special about me that I was selected.

The rules on days away are pretty clear. Don't cross 90 days at a stretch and don't exceed 180 days total during the 5 year period, you won't need to produce any extensive explanation- that is the general wisdom

[ammaralvi]

Thanks once again wpilr_nov12 for your quick reply.

I have now gone through all the FAQs under this section and read through various success stories with >180 total days out of the UK, specifically combinations matching closely to mine, i.e. paid holidays and business trip required for training/employment purposes. I now understand it is worth producing evidence for both business trips (employer letter stating exact dates and needs for each trip + proof you were still earning in the UK and paying tax and NI) as well as paid vacations (bank statement + salary slips proving you received salary for the absent period and a letter from the employer could add some weight to it). As I only have one unpaid holiday of 16 days, potentially that's the only break which is well below 90 days in one stretch, so should be fine. For all others I can produce evidence as stated above.

Thanks again for your help in this regard but please do let me know if I've missed anything or if you'd like to add something to it.