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holidays more than 180 in 5 years for ilr

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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maliksab
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Posts: 12
Joined: Wed Nov 07, 2012 9:21 am

holidays more than 180 in 5 years for ilr

Post by maliksab » Wed Nov 07, 2012 9:37 am

i am applying ilr at the end of Dec/12.
i have spent 5 years on combination of work permit 2 years and 3 years on tier one general.

question 1

i have taken 214 days (excluding travel days) ouside uk.
out of those 214 days 21 days were for my father's deaths (i have hospital letter to prove that) and 15 days for getting married. so if i exclude those two holidays i have taken 178 days.

can anyone advise, if there is anything to be worried about in this case?


question 2

my second question is, my wife is on tier1 dependent for one year at the time of my ilr and i will apply her flrm spouse visa.
can i book appointment for her on same day for her flrm visa.



question 3

third question is my wife has masters degree which i have sent to naric for qualification comparison. if naric gives me letter would that be enough for her flrm visa? or does she need any other english course?

Aif1178
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Posts: 10
Joined: Sat Sep 15, 2012 9:47 am

Answer for question 1

Post by Aif1178 » Wed Nov 07, 2012 5:48 pm

Although you have to show all leaves on the application, the UKBA help line informed me that they don't count the annual leave in the 180 days absence criteria so you should be ok. I don't know the answer for the other two questions.

uksettlement
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Location: London
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Post by uksettlement » Wed Nov 07, 2012 7:18 pm

I am sure 180 days includes annual holidays. However, because you are only marginally over you should be fine. Were any of the days spent outside work related?
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

maliksab
Newly Registered
Posts: 12
Joined: Wed Nov 07, 2012 9:21 am

Post by maliksab » Thu Nov 08, 2012 8:55 am

below the breakdown of my holidays taken and as you can see most of them are paid.

From To Holidays
22/03/2008 06/04/2008 14 Paid
07/12/2008 13/01/2009 36 Paid
06/06/2009 16/06/2009 9 Paid
04/12/2009 03/01/2010 29 Paid
06/06/2010 19/06/2010 12 Paid
14/07/2010 07/08/2010 23 Paid (Father’s Death)
20/09/2010 13/10/2010 22 Paid
22/04/2011 08/052011 15 (Got Married)
06/11/2011 31/12/2011 54 Unpaid

Total holidays 214-23-15=176

geriatrix
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Post by geriatrix » Thu Nov 08, 2012 12:36 pm

If you are including a letter from your employer(s) certifying dates of annual / paid leaves, then you should be fine.
Life isn't fair, but you can be!

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