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Search found 12 matches

by carlos2011
Fri Dec 28, 2012 5:50 am
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

The new guidance is on there now, and it finally looks like the immigration rules and the guidance make sense (at least in the continuous leave calculation). Here is the guidance (not sure when it appeared): http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/il...
by carlos2011
Tue Oct 09, 2012 8:52 pm
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

Hi dvinas, I think you're right, in that in the old guidance that 6-month limit only applied to the absences that were inconsistent with annual leave and business trips. What they seem to have done is converted that limit into 180 days and moved it into the section on those short absences, where the...
by carlos2011
Wed Oct 03, 2012 10:59 pm
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

Hi mcove, I don't have examples and I wouldn't expect to - I've got nothing to do with anyone else's applications. I'm just talking about what this new guidance actually says compared to the old guidance. It's a big change, and that's not a question of interpretation - it's right there in the text. ...
by carlos2011
Wed Oct 03, 2012 11:43 am
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

Vinny, thank you - that is very interesting, and shows that as far back as 2005, when the ILR qualifying period was only four years, the policy was that there was no set upper limit for absences on holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment...
by carlos2011
Sat Sep 29, 2012 4:32 pm
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

Vinny, it would be interesting to see the old policy that that letter was talking about, but what I'm saying is that this is a new requirement that was not in any of the previous versions of this guidance on calculating 5 years' continuous residence. In those previous versions there was no set upper...
by carlos2011
Fri Sep 28, 2012 4:02 pm
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

I disagree, it's a big change. There was formerly no set upper limit, now there's a limit of 180 days. The 180 day limit used to apply only to absences other than the short breaks that could be disregarded (eg annual leave and business trips) and only applied where continuity had been broken, now it...
by carlos2011
Fri Sep 28, 2012 2:55 pm
Forum: Indefinite Leave to Remain
Topic: ILR calculating continuous residence: new guidance 180 days
Replies: 22
Views: 9501

ILR calculating continuous residence: new guidance 180 days

Everybody applying for ILR should note that UKBA has published new guidance on calculating absences abroad. It says it applied since July 2012. Here is the guidance: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-c...
by carlos2011
Fri Sep 28, 2012 2:52 pm
Forum: Indefinite Leave to Remain
Topic: ILR - absences abroad
Replies: 5
Views: 1337

ILR 180 day rule

Everybody applying for ILR should note that UKBA has published new guidance on calculating absences abroad. It says it applied since July 2012, but I suspect it was not actually published till later. Here is the guidance: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernise...
by carlos2011
Tue Aug 14, 2012 2:42 pm
Forum: Indefinite Leave to Remain
Topic: More than 180 days absences from UK
Replies: 12
Views: 2527

One is allowed a total of 180 days and this includes on paid and unpaid holidays. Only exception to this is absence on compassionate grounds or work related absence. uksettlement, where do you get this idea from? I see it said lots here, but this is a common misconception that from posts here seems...
by carlos2011
Tue Jun 26, 2012 12:15 pm
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 56177

Carlos As per you analysis: 1) All short absences for Business and Paid leaves should be discounted. 2) It is OK have more than 3 months absence but not more than 6 months. And this 6 months in not the total including business and paid leaves ? is tat how you see ? sunil.suneel - I'm sorry I didn't...
by carlos2011
Mon Jun 25, 2012 6:26 pm
Forum: Indefinite Leave to Remain
Topic: ILR refused 180 day rule - can I appeal on compass. grounds?
Replies: 20
Views: 7205

If it was all holidays consistent with paid annual leave and you were clearly working and based in the UK the whole time then one thing to consider is judicial review. I'd go and talk to a good lawyer (not sure who to recommend).
by carlos2011
Mon Mar 05, 2012 1:42 am
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 56177

I think what Jas Patel, UKBA Public Enquiries, says in the e-mail dated 5/10/11 is correct. This is what Jas said: [quote]Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the ...