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Please advice - absences more than 180 days in a year

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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Newcomer
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Joined: Fri Jan 18, 2013 9:23 pm

Please advice - absences more than 180 days in a year

Post by Newcomer » Thu Feb 14, 2013 5:52 pm

Can somebody please advice me urgently. Planning to apply for ILR based on WP and Tier 2 ICT.

I was planning to bring down the absences in a single year to below 180 days by timing my application date such that a single absence (141 days) gets split across two years i.e. year 1 and year 2. Between year 1 and year two I have a single absence from 01-Feb-09 to 22-Jun-09.
Is this possible to do? Please let me know if you require further info.
15-Mar-08 15-Mar-09 (77 days absent)
15-Mar-09 15-Mar-10 (166 days absent)
15-Mar-10 15-Mar-11 (2 days absent)
15-Mar-11 15-Mar-12 (65 days absent)
15-Mar-12 15-Mar-13 (36 days absent)

Please tell me if I am eligible to apply and get ILR.

Thanks

ilrupdates
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Joined: Sat Jul 07, 2012 8:24 am

Post by ilrupdates » Fri Feb 15, 2013 5:56 am

if you planning to apply on 15 March 2013 for your ILR,
you must calculate absences in backward date order and then see how many absences fall in each year. calculate as,

Year 1 15 March 2013 to 14 March 2012
Year 2 15 March 2012 to 14 March 2011
Year 3 15 March 2011 to 14 March 2010
Year 4 15 March 2010 to 14 March 2009
Year 5 15 March 2009 to 14 March 2008

Newcomer
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Posts: 14
Joined: Fri Jan 18, 2013 9:23 pm

Post by Newcomer » Fri Feb 15, 2013 11:16 am

That is the same absences that I have specified. Reworded:
Year 1 - 15-Mar-13 to 15-Mar-12 (36 days absent)
Year 2 - 15-Mar-12 to 15-Mar-11 (65 days absent)
Year 3 - 15-Mar-11 to 15-Mar-10 (2 days absent)
Year 4 - 15-Mar-10 to 15-Mar-09 (166 days absent)
Year 5 - 15-Mar-09 to 15-Mar-08 (77 days absent)

My question is since I had over 180 absences in a single year. can a "single absence" from 01-Feb-09 to 22-Jun-09 be split over two years (year 4 and 5)? or should the start and end date of the absence within a single year?

mulderpf
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Location: London

Post by mulderpf » Fri Feb 15, 2013 12:01 pm

It still depends on the reasons for the absences - if they were not work related, then it will count as a break in your continuous period. But, if it was work related, then yes, you can time your application correctly for it to work out.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

Newcomer
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Joined: Fri Jan 18, 2013 9:23 pm

Post by Newcomer » Fri Feb 15, 2013 4:06 pm

Ok, thanks. Will I need an employers letter help to confirm that it was work related from offices in India?

cs95tdg
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Location: London

Post by cs95tdg » Fri Feb 15, 2013 4:12 pm

As you are applying for ILR under a employer sponsored immigration category, you will need to submit a employer letter(s) to confirm all annual leave and business realted absences, irrespective of the number of absences you had.

uksettlement
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Post by uksettlement » Fri Feb 15, 2013 8:23 pm

Newcomer wrote:Ok, thanks. Will I need an employers letter help to confirm that it was work related from offices in India?
Yes employers letters will have to specify this for each of your absences.
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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