I have been outside of UK 209 days in total

[mark2915]

Hello Friends,

Please could any one advise me on this.

I would like to go for apply ILR ( Tier 1 General visa currently) on end of this month and am confused a bit since my absence in UK more than 209 days which includes my Paid annual vacation and Business travels(Germany, Ireland).

Year 1 30-Jan-2013 to 29-Jan-2012 -> = 32 days Paid annual leave
Year 2 30-Jan 2012 to 29-Jan-2011 -> 29 days + 3 BT = 32 Paid annual leave + Business travel to Germany
Year 3 30-Jan 2011 to 29-Jan-2010 -> 15+26+ 52 BT = 93 Paid annul leave + Business travel
Year 4 30-Jan 2010 to 29-Jan-2009 -> 26 + 26 = 52 Paid annual leave
Year 5 30-Jan 2009 to 29-Jan-2008 -> 0

*BT - Business travel

In total 209 days out of UK , however the employment has in UK only without any break and paid the tax & NI since Jan 2008 to till date.

The only my question here is , though my employment has been continued since from my first date, however the total number of absence days from UK in the 5 years has more than 180 days. Employer's has given the letter for Business travel dates.

In this case, am i eligible to get ILR though i m more than 180 days out of UK as per the new update ( Dec 13'2012).

Please advise me on this.

Thanks in advance

[cs95tdg]

If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.

[mark2915]

[quote="cs95tdg"]If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.[/quote]

Hi,

My only concern here is , i have been out of UK more than 180 days ie 209 days in the last 5 years.

As per the new policy Dec 13'2012, says that 180 days have considered for any consecutive 12 months in a year, if that applies, then i would be Okey. But in total i have more than 180 days in 5 years. Would that be a problem ?

[cs95tdg]

But in total i have more than 180 days in 5 years. Would that be a problem ?

No, not according to the updated (Dec 13th) rules.

[mark2915]

[quote="cs95tdg"][quote="mark2915"]But in total i have more than 180 days in 5 years. Would that be a problem ?[/quote] No, not according to the updated (Dec 13th) rules.[/quote].

Thanks Guru.

Based on my total absence ie 209 in UK for the last 5 years which i mentioned above, would be eligible for apply ILR ?

Thanks

[ilrupdates]

If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.

Hi,

My only concern here is , i have been out of UK more than 180 days ie 209 days in the last 5 years.

As per the new policy Dec 13'2012, says that 180 days have considered for any consecutive 12 months in a year, if that applies, then i would be Okey. But in total i have more than 180 days in 5 years. Would that be a problem ?

180 days or less than 180 days absences are allowed in any 12 consecutive months (one year). it means you should not have more than 180 absences in any single year. it does not say that 180 days are allowed in total 5 years period. so in your case nothing to worry.

[cs95tdg]

Was that a statement or question? If a question, then you would need to give your EC date & date of first entry to be able to answer.

[mark2915]

[quote="ilrupdates"][quote="mark2915"][quote="cs95tdg"]If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.[/quote]

Hi,

My only concern here is , i have been out of UK more than 180 days ie 209 days in the last 5 years.

As per the new policy Dec 13'2012, says that 180 days have considered for any consecutive 12 months in a year, if that applies, then i would be Okey. But in total i have more than 180 days in 5 years. Would that be a problem ?[/quote]

180 days or less than 180 days absences are allowed in any 12 consecutive months (one year). it means you should not have more than 180 absences in any single year. it does not say that 180 days are allowed in total 5 years period. so in your case nothing to worry.[/quote].

Thanks for reply. certainly it helps!

Regards to the evidence for the business trip i have got the letter from employer but they didnt give a letter for my annual paid leave. In this i do have only the payslip and bank statement for prove that the salary was credited in UK and continuation of employment in UK.

therefore my question here is: for giving evidence of 209 days absence in UK,

1. Letter from employer for the business tripe of 90 days
2. Pay slip and Bank statements evidence for the 110 days

Is that evidence would be fine for apply ILR. Please advise.

Thanks

[cs95tdg]

mark2915, you say you are applying for ILR as a Tier1 General Migrant, therefore according to the latest immigration rules you do not require an employer letter to confirm either your annual leave or business related absences. You just need to list them under the appropriate section in the form. That's it. Note if you have absences due to serious or compelling compassionate reasons then you will need to submit a personal letter and supporting evidence, but as you have not mentioned any I presume you have none, & therefore this will not apply to you.

The evidence you have stated under points 1. & 2. are unnecessary as no evidence is required for your absences. Payslips and Bank Statements are only required as evidence for previous earnings, i.e. T1G PBS assessment. Please read the SET(O) form & guidance carefully to understand all the documents required.

If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.

Based on the above absences you don't have a problem as they have not exceeded the threshold. But to confirm whether you are eligible to apply on the date you have mentioned "30-Jan-2013", you will need to provide your EC date and date of first entry into the UK.

[mark2915]

[quote="cs95tdg"][b]mark2915[/b], you say you are applying for ILR as a Tier1 General Migrant, therefore according to the latest immigration rules you do not require an employer letter to confirm either your annual leave or business related absences. You just need to list them under the appropriate section in the form. That's it. Note if you have absences due to serious or compelling compassionate reasons then you will need to submit a personal letter and supporting evidence, but as you have not mentioned any I presume you have none, & therefore this will not apply to you.

The evidence you have stated under points 1. & 2. are unnecessary as no evidence is required for your absences. Payslips and Bank Statements are only required as evidence for previous earnings, i.e. T1G PBS assessment. Please read the SET(O) form & guidance carefully to understand all the documents required.

[quote="cs95tdg"]If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.[/quote]
Based on the above absences you don't have a problem as they have not exceeded the threshold. But to confirm whether you are eligible to apply on the date you have mentioned "30-Jan-2013", you will need to provide your EC date and date of first entry into the UK.[/quote]

Thanks for the reply.


MY question is now:

In the NEW the SET (o) application form has the following question,

Section 9
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:

Yes Go to question D3
No Go to section E

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these absences

This seems to suggest that it is 180 days over the 5 years.

I understand that i have to select 'Yes' on the above one, and have to give the reason in the D3 box about why my total absence in the last 5 years gone more than 180 days.

In that case they will be still ok with my explanation as Business travel 90 + Paid annaul leave 130 days and approve the ILR for my case ?

Please adivse.

Thanks!

[cs95tdg]

Yes, answer all questions truthfully. Merely answering question D2 with a yes along with an explanation will not have an adverse effect on your ILR application.

You may want to elaborate your absence explanation to say that you travelled for business and also took annual leave for holidays/to visit family (if that was the case).

Based on the information you have provided you will not have any issues due to your absences. Absences are just one aspect of your ILR application, make sure you have covered everything else as well, e.g. that you apply (application date) when you are eligible (5 year residence).

[mark2915]

[quote="cs95tdg"][b]mark2915[/b], you say you are applying for ILR as a Tier1 General Migrant, therefore according to the latest immigration rules you do not require an employer letter to confirm either your annual leave or business related absences. You just need to list them under the appropriate section in the form. That's it. Note if you have absences due to serious or compelling compassionate reasons then you will need to submit a personal letter and supporting evidence, but as you have not mentioned any I presume you have none, & therefore this will not apply to you.

The evidence you have stated under points 1. & 2. are unnecessary as no evidence is required for your absences. Payslips and Bank Statements are only required as evidence for previous earnings, i.e. T1G PBS assessment. Please read the SET(O) form & guidance carefully to understand all the documents required.

[quote="cs95tdg"]If each total (I.e. Annual Leave + Business Travel) you have listed for the 5 years do not individually exceed 180 days then you will meet the residence requirement. If the total figures (32, 32, 93, 52 & 0) you have mentioned are correct, you will not have a problem.[/quote]
Based on the above absences you don't have a problem as they have not exceeded the threshold. But to confirm whether you are eligible to apply on the date you have mentioned "30-Jan-2013", you will need to provide your EC date and date of first entry into the UK.[/quote]

Hi,

I came to UK on workpermit visa on 24 Feb 2008 then later migrate to Tier 1 General, i understand that i can apply 28 days before eligible to apply ILR which has started from 28 January , Hence i have booked on 30-01-2013 for apply the ILR.

Please advise is my understanding correct ?

[cs95tdg]

You haven't mentioned your EC date, i.e. the date your WP EC visa was issued, to determine the earliest date you would be eligible to apply. If your entry was within 3 months of that EC date, then you would be eligible to apply for ILR from upto 28 days before the 5th anniversary from your EC date.

If entry was delayed more than 3 months from EC, then you would be eligible to apply for ILR from upto 28 days before the 5th anniversary from your date of entry (24 Feb 2008).

Your calculation is based on the latter scenario. While 30-01-2013 isn't the earliest date you can apply, you will have no issues applying on this date.

[mark2915]

[quote="cs95tdg"]You haven't mentioned your EC date, i.e. the date your WP EC visa was issued, to determine the earliest date you would be eligible to apply. If your entry was within 3 months of that EC date, then you would be eligible to apply for ILR from upto 28 days before the 5th anniversary from your EC date.

If entry was delayed more than 3 months from EC, then you would be eligible to apply for ILR from upto 28 days before the 5th anniversary from your date of entry (24 Feb 2008).

Your calculation is based on the latter scenario. While 30-01-2013 isn't the earliest date you can apply, you will have no issues applying on this date.[/quote]

Thanks Guru.

My work permit was issued/stamped on 17th Dec 2007, but i travelled on 24th Feb 2008 as a first entry on workpermit visa in UK. Based on this scenario, i am planned to go for ILR on 30-01-2013.

Please advise on this.

Thanks

[cs95tdg]

My work permit was issued/stamped on 17th Dec 2007, but i travelled on 24th Feb 2008 as a first entry on workpermit visa in UK.

Based on this information, you would be eligible to apply from upto 28 days before the 5th anniversary from EC (17th Dec 2007) because you entered the UK within 3 months of EC.

Therefore technically you can apply for ILR any day you like now. That being said, the appointment date you have already booked (30th January 2013) will be fine too. Good luck with your application.

[mark2915]

[quote="cs95tdg"][quote="mark2915"]My work permit was issued/stamped on 17th Dec 2007, but i travelled on 24th Feb 2008 as a first entry on workpermit visa in UK. [/quote]Based on this information, you would be eligible to apply from upto 28 days before the 5th anniversary from EC (17th Dec 2007) because you entered the UK within 3 months of EC.

Therefore technically you can apply for ILR any day you like now. That being said, the appointment date you have already booked (30th January 2013) will be fine too. Good luck with your application.[/quote]

Many thanks Guru for your suggestion and advise. Much appreciated....