ILR absence - need experts opinion

[nischerry]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007.

My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

My question is will they consider the travel dates as absence from UK or not?
because if they consider then my absence will go to 91 days if they have not considered travel dates then it would become 90 days and i will eligible to apply for ILR. Please some one clarify me on this and let me know whether i will be eligible?

[republique]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007.

My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

My question is will they consider the travel dates as absence from UK or not?
because if they consider then my absence will go to 91 days if they have not considered travel dates then it would become 90 days and i will eligible to apply for ILR. Please some one clarify me on this and let me know whether i will be eligible?

Absence is an absence
I dont know what you think you are trying to distinguish but I suggest you look at the guidance and other threads about how to calculate absences.

[boonworkpermit]

It's true that absence is an absence, if you are absent for the whole day.
If you are in the UK half a day, you are as good as being here as being absent....though, I think people will just choose whichever ways that favors their case. HO might think otherwise.

If half a day absence counts as an absence, the first day you landed in the UK should be counted as an absence. Isn't that strange?

[nischerry]

well thanks republique and boonworkpermit,

I didnt get proper answer from anyone. Please let me know from where i can download guidance?

[boonworkpermit]

As far as I know, the guidance from the UKBA website does not say
whether departure/arrival dates count as an absence.

But from this thread, http://immigrationboards.com/viewtopic.php?t=42321,
global_gypsy was given ILR, having had about 142 personal absence days, exluding arrival/departure and public holidays.

I think his absence days may as well go beyond 180 days limit by adding those days that he didn't count.

[global gypsy]

nischerry - not sure why you keep asking the same question again and again.

The day when you leave the UK and the day when you land in the UK are both considered as being present in the UK. So these two can be excluded from the absences calculation.

Further, see here regarding public holidays/weekends:
http://www.whatdotheyknow.com/request/c ... ming-20072

> 3. Are weekends and public holidays excluded from
> out-of-country calculation? It is possible to exclude public
> holidays from the calculation as these are consistent with an
> individuals leave entitlement (see IDI). Any consideration of
> excluding weekends from the calculation would have to be made on a
> case by case basis, taking into account the length of each
> absence/whether absence was for the weekend alone or whether it ran
> beyond this.

I can confirm that I used this approach, and the caseworker was ok with it, and issued me ILR. Make sure you get your application done at PEO so that you can answer any questions they may have.

Best of luck.

Btw, I notice there are a few threads active where the same question has been raised - can someone please refer to this response there too! Thanks.

[f2k]

you were in the UK on the 1 July (when you caught your flight) and also on 30 September when you landed. those 2 dates do not count as absence

[f2k]

nischerry - not sure why you keep asking the same question again and again.

The day when you leave the UK and the day when you land in the UK are both considered as being present in the UK. So these two can be excluded from the absences calculation.

> 3. Are weekends and public holidays excluded from
> out-of-country calculation?
It is possible to exclude public holidays from the calculation as these are consistent with an individuals leave entitlement (see IDI).
Any consideration of excluding weekends from the calculation would have to be made on a case by case basis, taking into account the length of each absence/whether absence was for the weekend alone or whether it ran beyond this.

.

The important thing to note from this reply is that the absences are not automatically disregarded. I think its a matter of the caseworker on the day. Remember when they say 180days they do give some leeway, its not quite clear on the guidance notes for ILr but more clear on naturalisation notes were 90days away actually means 100days, and you can still get away with 180 if certain conditions are met.