Completion of continuous residence period?

[one1toomany]

Hi All,

My question relates to when is the earliest that I can book a PEO appointment?

I was issued a 60 month visa in India (WP - ICT) on the 17th of March 2008 and I entered the UK on the 28th of March 2008.

I understand that I need a 5 year continuous residence period in the UK to apply for ILR. In my case, will the period be counted from the 17th of March 2008 to 17th March 2013 OR will it count from 28th March 2008(date of actual entry) to the 28th March 2013? Please note that I was issued a visa outside the UK (in India) and have been on the same permit througout the period.

Earliest that I can sit for PEO is 28 days before the qualifying period - in my case is it the 1st of March 2013 (counting 28 days backwards from date of entry) or the 17th of February 2013 (since my visa was issued on the 17th of March and I entered within 3 months and hence this date counts!)?

One final question. I am now, following the new rule, allowed to be away from UK for a maximum period of 180 days each qualifying year period (this period runs from 17th of March every year to the 17th of March next year in my case), i.e. I could have been away in 2008 for 70 days, in 2009 for 60 days, in 2010 for 110 days, in 2011 for 70 days and in 2012 for 100 days - and I will still be eligible?

Thanks in anticipation.

Regards

[cs95tdg]

You will be eligible to apply (either at a PEO or post) from upto 28 days before the 5th anniversary from your WP EC date (17 Mar 2008) as you first entered the UK within 3 months of EC.

As you are applying under a employer sponsored immigration category, you would need a employer letter to confirm your annual leave and business related absences.

[one1toomany]

Thanks for the quick reply.

I am entitled to 25 days annual leave. This totals 125 days over the period, but I have been away for many weekends and my total absences are in the region of approx 240 days (none of these days are on business)over these 5 years. However, I have remained in employment with the same employer continuously and have never taken extra leaves. In no year, have the absences from UK been more than 70 days. Am I still good?

Regards

[cs95tdg]

You appear to understand the rules on how to calculate your annual absences counting back from your ILR application date. You will need to follow the example on page 9 of the updated guidance to determine whether your annual absences come within the allowed threshold: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If all absences were taken as part of annual leave and can be confirmed in an employer letter & the number for each year comes within the allowed 180 day annual threshold, then I don't see you having a problem in that respect.