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Clarification on calculating continuous period of absence

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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Haris2108
Junior Member
Posts: 51
Joined: Sun Sep 19, 2010 6:02 am

Clarification on calculating continuous period of absence

Post by Haris2108 » Thu Feb 07, 2013 1:06 pm

Hi

I am on HSMP + Tier 1 since 2008 March:

Initial HSMP visa granted on : March 21st 2008
Initial date of arrival : March 26th 2008

Tier1 is valid till : March 21st 2013 after first extension in 2010.

I am going for PEO in cryodon for ILR on Feb 27th 2013 ( exacly 28 days before Initial date of Arrival ie March 26th 2008)

I am calculating my continuos if period of abscence during the past 5 years like below table and want to give it to caseworker:

UK Absence in each calendar year from the date of application (27th of Feb 2013) :
From Till Total days away
Year 1 27/02/2013 26/02/2012 0 < 180 days
Year 2 27/02/2012 26/02/2011 81 < 180 days
Year 3 27/02/2011 26/02/2010 125 < 180 days
Year 4 27/02/2010 26/02/2009 85 < 180 days
Year 5 27/02/2009 26/02/2008 107 < 180 days


I just want to know how to keep till date in Year 5. Should I calculate till 26/02/2008 or 26/03/2008 as I arrived in UK on 26th March 2008? Can you kindly guide?

Thanks
Haris

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Feb 07, 2013 1:12 pm

26/3/2008. You can't be absent (for ILR etc purposes) without first being present in UK.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Haris2108
Junior Member
Posts: 51
Joined: Sun Sep 19, 2010 6:02 am

Post by Haris2108 » Thu Feb 07, 2013 1:34 pm

thanks for the response,if i keep 26/3/2008 - year 5 would be only 11 months, should i mention it to the case worker when I present the above table to him? or shall I hope caseworker understands it.

Thanks
Haris

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Feb 07, 2013 2:04 pm

I dont think it is a real big issue.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Mirate
Newly Registered
Posts: 16
Joined: Wed Feb 06, 2013 8:37 pm
Location: Aaaa
Contact:

Post by Mirate » Fri Feb 08, 2013 12:41 am

Thank you my case is similar to yours but more complicated, I have just seen another thread with similar problem and list it now but I have now calculated the days and I am posting for you to give me advice, I have booked on the 20th as I mentioned, I think this need to be changed to 28 as I am 97 days in one row,,see below my dates..


Year 1- 20 March 2013 -----19 March 2012. <
Year 2- 20 March 2012--------19 March 2011. <
Year 3- 20 March 2011. --------19 March 2010 <
Year 4- 20 March 2010--------19 March 2009. < 180
Year 5 - 20 March 2009 -------25 June 2008 have 29 days absent in that period in addition to months from 25 June 2008 till 20 march 2008 an addition to 97 days...= 123 days

However, my WP visa as I mentioned above is 17th of April..

Will the 97 days in one go not break my continuous residence.. And the total of my year will be 4 years 9 month and 15 days..can is state that please le me know,,,will I argue I arrived not eh17th of jauary,,

Please please advice

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Fri Feb 08, 2013 6:54 am

Hi mirate,

I think u r making the guidance over complicated!
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.

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