180 days absence - per year or in total for 5 years

[iantyr]

Dear all,

Is the 180 days absence criteria per year or in total?

The statements on the guidance for calculating leave v.15.0 is slightly confusing. On one sentence: it states "No more than 180 days’ absences are allowed in any of the 5, 4, 3 or 2 consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)." while somewhere else it states "Absences of more than 180 days in each consecutive 12 month period before the date of application (in all categories) will mean the continuous period has been broken."

I am planning to apply for ILR from Tier 2 (General) but in total, out of the 5 years, I have been out of the UK for about 360 days. Only 2 weeks of those is for Business. However, all the days out of the UK are paid (I am a teacher and therefore my entitlement to holidays are quite high - just fractionally lower than the school holidays for students)

Per year, however, I have not exceeded 100 in any of the years.

Looking forward to hear any similar experiences / advice on what I should do!

Cheers!

[zimba]

You are confusing the two conditions. For ILR you MUST meet TWO conditions for the specified period:

1) No continuous period of absence of more than 180 days. This is leaving the UK and coming back more than 180 days later.
2) No TOTAL of 180 days of absence in EACH year of stay. This is having in each year of residence a TOTAL absence of more than 180 days.

[iantyr]

Ah. Great. Thansks Zimba88.

Should I still put all the details the form still though?

Sorry for all these questions.

[CR001]

Should I still put all the details the form still though?

You are required to complete the section of the form with all your absences. You are also required to submit a letter from your employer(s) listing and detailing all your absences.

[Dsbabu]

Hi , did u get visa

I have same situation

[CR001]

Hi , did u get visa

I have same situation

1. Kindly start your own topic with your circumstances and questions instead of tagging onto one that is more than a year old.

2. The absence rules calculation changed in January this year.