Refused for 185 days absence in 5 years

[rocktheparty]

Hi all

I received ILR refusal decision on 322(5) grounds for tax amendment. But case worker has also added '185 days absence in 5 years' as a reason for refusal. I did mention the reasons for absences in the SetO form.
My questions are
1. Isn't the limit 180 days per year?
2. If I have mentioned the reason for absences (which is only around 30 days a year), what other evidence I need to provide?
3. I know many of my colleagues who didn't provide any evidence for normal absence in 5 years and got the ILR. Is it a new way to find reasons for refusal?

[zimba]

It is 180 days per residence year. A residence year is counted from the day of application and backwards.
Have you had a total of 185 days of absence in any residence year ?

[Kent1234]

Sorry to hear about your refusal.
Every case is different so as case worker so u can't compare that ur friends get it on similar grounds etc.
HO , don't like word tax amendments and before refusing only on such clause ( some applicants has already won there JR's cases against HO who were only refused on tax amendments) now a days HO mostly look for one or two more ground of refusal to add if find any, to make there own case stronger i.e. if applicant challenge them in court.
In ur case you exceed 5 days on top of 180 limit which u accepts.
Not sure if u have been given appeal rights or left with AR option? Can you also share ur timeline ?

[rocktheparty]

It is 180 days per residence year. A residence year is counted from the day of application and backwards.
Have you had a total of 185 days of absence in any residence year ?

Hi zimba88
It's 185 days in 5 years, not in 1 year. It's been 30-40 a year. The refusal wording is:
"We note that leave from working of 185 days in 5 years is excessive taking into account the annual leave the majority of workers in the UK receive. We also note you have not sent any evidence to explain these absences."

I have 2 questions :
1. I mentioned dates (from/to) and the reason of absence on SetO application form. Do I still need to add extra evidence even if I am no where near 180 annual limit? What evidence can be added?
My Many colleagues didn't submit any extra evidence and still weren't refused on this ground.

2. An Individual can have 28 paid leaves a year; and if a person takes 28 leaves , it can have up to 5 weekends. Which makes it 38 a year; 190 in 5 years. How is 185 excessive? Even in Admin Review, they didn't accept it and maintained that 185 days in 5 years is excessive.

[rocktheparty]

Sorry to hear about your refusal.
Every case is different so as case worker so u can't compare that ur friends get it on similar grounds etc.
HO , don't like word tax amendments and before refusing only on such clause ( some applicants has already won there JR's cases against HO who were only refused on tax amendments) now a days HO mostly look for one or two more ground of refusal to add if find any, to make there own case stronger i.e. if applicant challenge them in court.
In ur case you exceed 5 days on top of 180 limit which u accepts.
Not sure if u have been given appeal rights or left with AR option? Can you also share ur timeline ?

Hi
It was total 185 days absence in 5 years, not in 1 year. Please see my other response.

[Akorotaeva]

It is up to the case-worker to disregard the lack of documentary evidence if the absences are no more than 30 working days in one year. It seems they decided not to exercise their discretion in your case.

However, their comments about excessiveness aren't really true, so there may be grounds to challenge the decision.

[zimba]

This is what the guide on ILR says:

If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.
You still need evidence where the absences in a 12 month period (as defined above) exceed 30 working days plus statutory public holidays.

I think you have a bigger issue to deal with under Tax amendments

[rocktheparty]

This is what the guide on ILR says:

I think you have a bigger issue to deal with under Tax amendments

Thanks for the reply zimba88.
My concern it if I am able to contest tax amendment successfully in the JR, do you think this 185 days absence will stay as a bottle neck? As self employed, I only provided dates out/in and reasons of absence on the setO form.I didn't provide any letter. In one year , I have been out of the country for 45 days.

Thanks

[CR001]

You should have provided a letter. The form clearly states this as a requirement.