Absences Rule Clarification

[Delhi_Bhoy]

Dear experts,

I have got confused over the absences rule in ILR. I thought I understood it but reading through threads puzzled me. Current leave - Tier 2 General.

Is the 180 days limit based on 180 days per year (so basically 5 x 180 = 900 days in total), or, 180 years total in 5 years?

I would have following absences at the time of applying ILR:

15/02/2017 to 16/02/2018 --> Holiday 12 days = Total 12 days
15/02/2016 to 16/02/2017 --> EU Paid Work 7 days + Holidays 30 days = Total 37 days

15/02/2015 to 16/02/2016 --> EU Paid work 30 days + Holidays 5 days = Total 35 days

15/02/2014 to 16/02/2015 --> EU Paid work 110 days (short trips over the year) + Holidays 18 days = Total 128 days

15/02/2013 to 16/02/2014 --> EU Paid work 61 days (short trips over the year) + Holidays 30 days = Total 91 days

Total absences paid secondments + holidays = 305 days

Am I eligible for ILR based on above or just need to show proof of absences?

Will be grateful for your guidance.

Thank you in advance.

[secret.simon]

Are you talking about the rules for Tier 1, Tier 2, PBS dependent or Long Residence? They all work differently.

[CR001]

Assuming the question is for you on Tier 2 general and not your dependent, it is 180 days PER 12 month cycle. A 12 month cycle is counted backwards from the date of ILR application.

[CR001]

Are you talking about the rules for Tier 1, Tier 2, PBS dependent or Long Residence? They all work differently.

Tier 2 General.

indefinite-leave-to-remain/dependent-el ... l#p1487909

[Delhi_Bhoy]

Yes, that's correct - currently on TIER 2 General

Apologies for not including that in my question.

[Delhi_Bhoy]

Assuming the question is for you on Tier 2 general and not your dependent, it is 180 days PER 12 month cycle. A 12 month cycle is counted backwards from the date of ILR application.

Thanks a lot.

I updated my question with further information, which was incompletely posted due to my thick fingers!

If you get chance please advise further. Thanks.

[CR001]

Why do you think you are not possibly eligible? My post clearly states the absence rule.

You must submit an absence letter from your employer.

[Delhi_Bhoy]

Why do you think you are not possibly eligible? My post clearly states the absence rule.

You must submit an absence letter from your employer.

Thanks again for the reply.

Why would I need "absence letter" from employer if my absence from UK is under 180 days each year? (I would need to give this reasoning to my boss to get him produce that letter.)

Or is it a mandatory document one must submit, regardless.

I previously thought that home office has the records of visa holder's ins and outs; and they will let us know if we are eligible or not on that basis.

[CR001]

You need to submit the absence letter (HR can do one to confirm absences) and a letter confirming that '.....Mr/Mrs/Miss xyz will be required in the role/job for the forseeable future....'.

Both or one letter for both, is mandatory for Tier 2 General.

[Delhi_Bhoy]

You need to submit the absence letter (HR can do one to confirm absences) and a letter confirming that '.....Mr/Mrs/Miss xyz will be required in the role/job for the forseeable future....'.

Both or one letter for both, is mandatory for Tier 2 General.

Okay. Well, thanks CR001 for giving your valuable time to this post, and clarifying my doubts today. You have been incredibly helpful.

Best Regards.

[CR001]

You're welcome. Post any further questions you have if you need help.

[Delhi_Bhoy]

Dear CR001 & other respected members,

Since the goal post has recently changed on how we calculate the continuous absences, I wondered if you could help me reassess my situation.

Below is the list of my absences from UK with their reasons, in reverse chronological order. I have not included the days I travelled while calculating Absence Days

My questions are:

• Are work related travel as required by employer to fulfil my duty included in the 180 days restriction? (I have got a letter from the employer to state and confirm this)

• It seems that one of the 365 days period in my 5 years leave contains total absence of 165 days (or 173 days including travel days) - from 04/08/2013 to 02/08/2014. This is very close to the limit of 180 days. Am I safe to apply for ILR or my case can depend upon the case worker's assessment?

19/06/2017 to 29/06/2017 : 10 Days --> Paid Annual Holidays

11/12/2016 to 02/01/2017: 22 Days --> Paid Annual Holidays

10/05/2016 to 13/05/2016 : 3 Days --> Work Project/ Short Secondment

08/03/2016 to 09/03/2016 : 1 Days --> Work Project/ Short Secondment

15/09/2015 to 19/09/2015 : 4 Days --> Paid Annual Holidays

07/07/2015 to 17/07/2015 : 10 Days --> Work Project/ Short Secondment

19/05/2015 to 22/05/2015 : 3 Days --> Work Project/ Short Secondment

21/01/2015 to 22/01/2015 : 1 Days --> Work Project/ Short Secondment

04/07/2014 to 02/08/2014 : 29 Days --> Work Project/ Short Secondment

27/04/2014 to 18/05/2014 : 21 Days --> Paid Annual Holidays

23/03/2014 to 16/04/2014 : 24 Days --> Work Project/ Short Secondment

10/02/2014 to 21/03/2014 : 39 Days --> Work Project/ Short Secondment

14/01/2014 to 07/02/2014 : 24 Days --> Work Project/ Short Secondment

09/12/2013 to 13/12/2013 : 4 Days --> Work Project/ Short Secondment

31/10/2013 to 23/11/2013 : 23 Days --> Paid Annual Holidays

17/10/2013 to 18/10/2013 : 1 Day --> Work Project/ Short Secondment

13/05/2013 to 12/06/2013 : 30 Days --> Work Project/ Short Secondment



Thanks & Regards

[Delhi_Bhoy]

Just a gentle reminder.
Would appreciate any help please.
If this has any impact on application, I may delay it by 6 months or so.

[CR001]

ONLY absence of 180 days more is a break in continuity. This is very clear in the rules and guidance.