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within 90 day entry: counted as absence or presence!?

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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newbie_2013
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within 90 day entry: counted as absence or presence!?

Post by newbie_2013 » Fri Aug 09, 2013 11:43 am

Hi All

When you enter the UK within 90 days of the visa issue, will the days be counted as absence from the UK or not!?

Eg: If a person enters the UK 20 days after getting his first Visa Vignette , will these 20 days be included in the overall 5 year absences?

cheers

dk2011
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Posts: 526
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Re: within 90 day entry: counted as absence or presence!?

Post by dk2011 » Fri Aug 09, 2013 11:57 am

[quote="newbie_2013"]Hi All

When you enter the UK within 90 days of the visa issue, will the days be counted as absence from the UK or not!?--No

Eg: If a person enters the UK 20 days after getting his first Visa Vignette , will these 20 days be included in the overall 5 year absences?--No

cheers[/quote]

newbie_2013
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Posts: 195
Joined: Thu Jan 31, 2013 10:58 pm

Re: within 90 day entry: counted as absence or presence!?

Post by newbie_2013 » Fri Aug 09, 2013 12:44 pm

dk2011 wrote:
newbie_2013 wrote:Hi All

When you enter the UK within 90 days of the visa issue, will the days be counted as absence from the UK or not!?--No

Eg: If a person enters the UK 20 days after getting his first Visa Vignette , will these 20 days be included in the overall 5 year absences?--No

cheers
Thanks dk2011. Sorry for being picky and correct me if I am wrong.
So a 5 year overall absences mean- "All absences from the UK excluding the ones due to delayed first entry to the UK" ?

dk2011
Senior Member
Posts: 526
Joined: Mon Mar 18, 2013 9:10 pm

Re: within 90 day entry: counted as absence or presence!?

Post by dk2011 » Fri Aug 09, 2013 1:55 pm

newbie_2013 wrote:
dk2011 wrote:
newbie_2013 wrote:Hi All

When you enter the UK within 90 days of the visa issue, will the days be counted as absence from the UK or not!?--No

Eg: If a person enters the UK 20 days after getting his first Visa Vignette , will these 20 days be included in the overall 5 year absences?--No

cheers
Thanks dk2011. Sorry for being picky and correct me if I am wrong.
So a 5 year overall absences mean- "All absences from the UK excluding the ones due to delayed first entry to the UK" ?
--Yes. If you count your abscence including delayed entry for the first year of countinous period is it going beyond 180 ?
If no then you are absolutely fine. If yes , then wait for more confirmation.

deleted_user

Post by deleted_user » Fri Aug 09, 2013 2:41 pm

In order to be absent you must first be present.

newbie_2013
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Posts: 195
Joined: Thu Jan 31, 2013 10:58 pm

Post by newbie_2013 » Fri Aug 09, 2013 2:51 pm

@dk2011

Yes the absences are less than 180 days in the first yearincluding late entry absences. Just wanted to make sure about total 5 year absences aswell, as the less absences the better.


@dimension7
What a logic :) Hope the officials think this logically :p


Bottomline: I will just add a note at end of the absence sheet explaining the 20 day absence exclusion.

vinny
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Post by vinny » Fri Aug 09, 2013 2:59 pm

Indefinite leave to remain - calculating continuous period in UK wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

newbie_2013
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Post by newbie_2013 » Fri Aug 09, 2013 3:05 pm

vinny wrote:
Indefinite leave to remain - calculating continuous period in UK wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

Thanks Vinny.

Zaman_Dhaka
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Post by Zaman_Dhaka » Sat Aug 10, 2013 2:37 am

vinny wrote:
Indefinite leave to remain - calculating continuous period in UK wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
Hi Vinny,
My situation is I have entered 8 days later on my entry clearance as a student in UK. But now I am in Tier 1 Post Study Work. In my case will those 8 days count towards 10 years long residency? Because I am 32 days lack from my date of entry but 24 days from my entry clearance. Please reply. Thanks.

vinny
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Post by vinny » Sat Aug 10, 2013 2:57 am

Unfortunately, no.

However, you have options.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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