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ILR Application with high absences, what are my chances ?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Boss911
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Posts: 4
Joined: Sat Jul 11, 2015 8:46 pm

ILR Application with high absences, what are my chances ?

Post by Boss911 » Sat Jul 11, 2015 9:09 pm

Hello everyone,

I am writing seeking your advice on whether I should make an ILR application August 2015 or not. My main concern is the high level of absences over the five year period which is better explained below:
  • 2010: 9
    2011: 107
    2012: 219
    2013: 14
    2014: 34
    2015: 43
The absences above include business trips (294 days in total) and personal leaves (127 days in total) which sum up to 421 days outside the UK in the five year period which is still below the 450 day limit (I believe). What really complicated the issue is an attachment that I had to do overseas between October 2011 - August 2012 with a total of 292 days (continuous) which clearly violates the 180 day rule. I split the 292 days over two years hence the breakdown you see above.

My employer have paid all my taxes to the UK for the time I was away, but I'm really concerned about the high level of absence. I've read threads on here about people having excess of 800 days out of the UK and their ILR got accepted, however in those two cases the applicants did not spend more than 90 days continuous.

Just stating the above it seemed like I answered my own question, but I still have hope that someone can share their experience which can prove me wrong and give hope of a successful ILR !

PS: I will be applying at Croydon as they seem to be the most professional and empathetic of all centres. Additionally, my employer will provide letters explaining my absences, and stating that they still require me to do my current job in the future.

Thank you

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CR001
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Re: ILR Application with high absences, what are my chances

Post by CR001 » Sun Jul 12, 2015 12:05 am

still below the 450 day limit (I believe)
This number is for naturalisation, not for ILR.

The absence is calculated as no more than 180 days in a any 12 month cycle. Your absences as you have listed them are too high in 2012. There really isn't much discretion if you exceed the 180 in 12 months, you have to get them within the allowance.

Have a look at this thread

http://www.immigrationboards.com/indefi ... 89283.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Boss911
Newly Registered
Posts: 4
Joined: Sat Jul 11, 2015 8:46 pm

Re: ILR Application with high absences, what are my chances

Post by Boss911 » Sun Jul 12, 2015 8:06 am

Hi CR001,

Thank you for your quick reply and clarification on the 450 day limit.

Looking at the thread you submitted it makes me wonder if I should split my business absences differently from my personal ones, as by doing this I would not have broken the 180 day rule. My business trips excluding holidays are:

2010: 0
2011: 87
2012: 170
2013: 0
2014: 13
2015: 24

Thanks for your help !

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