Absence overlap - over 2 consecutive periods

[SSA_18]

Hi,

Thank you everyone for this wonderful forum.

I have a rather peculiar issue or so it seems as I tried searching the forum for an answer but there seem to be no threads on this issue.

I am applying for my ILR shortly from Tier 1 and am compiling my absence lists over the past 5 years.

I have 1 absence that overlaps between two periods, so was wondering which year should this be added to. Seems like a trivial issue but just wanted to be sure if there was any specific guidance on this one ? Or does it not matter ?

I sincerely hope someone will take the time out and answer.

Many thanks once again for your help in advance.

Kind Regards,

[SSA_18]

Just wondering if anybody were in a similar situation or if there was any suggestion at all please ?

Many thanks in advance.

[Manka10]

What you mean by 1 absence overlaps between 2 periods?

Post your absence calculation for the last 5 years.

As long as absences are less than 180 in a year then it should be ok

[SSA_18]

Hi,

Thank you for your response. Sorry, I should have been more clearer.

What I mean was I have a total absence of 160 days over the five years and I am planning to attend PEO appointment on the 10th of September 2014. (Tier 1(G) – ILR route)

One of the absence was from 26th of August 2011 to 19th of September 2011. This leave period falls between 2 year periods (Year 3 & 4) - Starting date is in Year 4, Ending date is Year 3.

My holiday period is as follows:

Year 1 Sep 10th 2014 Sep 11th 2013 22
Year 2 Sep 10th 2013 Sep 11th 2012 29
Year 3 Sep 10th 2012 Sep 11th 2011 27
Year 4 Sep 10th 2011 Sep 11th 2010 44
Year 5 Sep 10th 2010 Sep 11th 2009 38


So the question is should I be including this holiday in my Year 3 count and Year 4 count ?

Thank you so much in advance for your help with this.

Anybody else in similar situation ?

[Manka10]

You cannot (and don't have to) include a single holiday in any 1 specific year if it spans 2 consecutive 1 year periods. If the absences are less than 180 in a year then its fine.

[SSA_18]

Ahh !! Okay. So what you're suggesting is we don't have to sum the absences up and present as part of the application as long as the absences are less than 180 in each of those 5 periods . That makes so much sense. Please do correct me if I'm mistaken. Thank you so much Manka for your response. Really helpful.