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ILR absence period - should I be worried?

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yarons
Member
Posts: 151
Joined: Sun Jan 27, 2008 11:25 am

ILR absence period - should I be worried?

Post by yarons » Sat Oct 04, 2008 12:39 pm

Hi

I will be entitled to the ILR in February 2009 (3 yr WP + 2yr HSMP). I have a question regarding the absence period. I'm aware this subject was discussed extensively in the forum but I wasn't able to find a case to match mine…

In my list of absences I have one continuous period which is 51 days which I spent as unpaid leave. During that year (was under WP at the time), I was absent 83 days in total (of which 13 days on business), other absences this year were short but I'm worried about the long 51 days absence.
I have no payslips for that period (51 days = 2 payslips) and haven't got the P60 for that year as it was around April.

My total absence days for the entire 5 years is 155 days. It seems to be in range of the acceptable amount as far as I understand as I am under the 180 absence days for 5 years, under the 90 absence days per year (just under for that specific year) and have no continuous absence over 90 days.

I'm just concerned that HO will cause some problems because of that year I was absent for 83 days of which 51 continuously. I have a letter from my employer stating the period I was employed under WP which includes that period. But as I said, I'm missing some payslips for that time and no P60 for that year.

Your opinions (and reassurance) are very much appreciated

Thanks
Y
Last edited by yarons on Sat Oct 04, 2008 7:21 pm, edited 1 time in total.

dnicky
Member of Standing
Posts: 292
Joined: Fri Mar 01, 2002 1:01 am
Location: United Kingdom

Post by dnicky » Sat Oct 04, 2008 6:57 pm

I'm just concerned that HO will cause some problems because of that year I was absent for 83 days of which 51 continuously. I have a letter from my employer stating the period I was employed under WP which includes that period. But as I said, I'm missing some payslips for that time and no P60 for that year.
I think you should be fine.

yarons
Member
Posts: 151
Joined: Sun Jan 27, 2008 11:25 am

Post by yarons » Sat Oct 04, 2008 10:07 pm

I think you should be fine.
Thank you for replying.

I am not quite sure how those days are calculated. I went through each and every stamp in my passport which can be quite tedious and I probably made small mistakes here and there as some stamps are very unclear . Will HO be that thorough?

In my calculation I've subtracted day of arrival from day of departure (both days included) but have seen some posts in this forum that stated day of departure and day of arrival should not be counted. In this case, I have a few 1 nighters that become 0 days although my passport was stamped. What should I do with those?

I also have a few trips to Ireland and my passport wasn't stamped coming back to the UK on any of them. I counted those days too but not sure I should have?

dnicky
Member of Standing
Posts: 292
Joined: Fri Mar 01, 2002 1:01 am
Location: United Kingdom

Post by dnicky » Sun Oct 05, 2008 10:08 am

The day you left UK and the day you came back should be excluded in calculating days out of UK. There is no harm in mentioning 1 nighter trips in the application, but for these number of days out should be mentioned as 0.

yarons
Member
Posts: 151
Joined: Sun Jan 27, 2008 11:25 am

Post by yarons » Sun Oct 05, 2008 10:26 am

dnicky wrote:The day you left UK and the day you came back should be excluded in calculating days out of UK. There is no harm in mentioning 1 nighter trips in the application, but for these number of days out should be mentioned as 0.
Ok great, that reduces the total count to around 130 days in 5 years.
And what about days in Ireland? no stamps coming back to the UK and sometimes no stamps entering Ireland.

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