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I disagree.mulderpf wrote:I think you will have a hard time explaining the absence in the initial year still contributes to your continuous period as it is likely to have been in contradiction to the reason for your visa. Not all absences below 180 days are allowable - generally they are meant to be for holiday or for business trips overseas. You will need to find evidence that shows that you were living in the UK during this time (rental agreements; council tax bills and other correspondence during this time to prove that the UK was your main residence) and that you were not employed outside the UK.
Is there a reference for this somewhere ? Where does it state what the applicant CAN or CANNOT do in the 180 day period outside the UK?Not all absences below 180 days are allowable - generally they are meant to be for holiday or for business trips overseas.
For all other categories, absences must be consistent with or connected to the applicant’s
sponsored or permitted employment, or the permitted economic activity being carried out in
the UK, for example, business trips or short secondments.
However, time spent away from the UK for extended periods, particularly if the business no
longer exists, would not be allowed.
You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays.
Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken. Absences due to employment, whether related to the applicant’s job
in the UK or not, count towards the 180 day maximum each year.
In this case OP has stated family visit & personal reasons. Now why would that be inconsistent with OPs permitted employment in the UK ? OP did not have a job and was looking out for one. The fact he chose to do that from outside the country is within reason.For all other categories, absences must be consistent with or connected to the applicant’s
sponsored or permitted employment, or the permitted economic activity being carried out in
the UK, for example, business trips or short secondments.
There was clearly no UK employment here, to make it secondary, so continuous period requirement is not broken.Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken. Absences due to employment, whether related to the applicant’s job
in the UK or not, count towards the 180 day maximum each year.
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