calculating absences outside UK - letter from Border Agency

[aussielaowai]

Dear All

I thought I would share this reply from the UK Border Agency as I thought you might find it interesting, especially as when calculating the absences outside UK. Their response is different from some of the discussions we've had on the board. This letter arrived a few weeks ago.

Best wishes
aussielaowai

Dear Sir/Madam,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of Work
Permit Employment is that the applicant has spent a continuous period of
five years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid
annual leave or business trips that are necessary due to employment
commitments. If the absence from the UK is during a period of unpaid
leave, it is not discounted and will be used in calculating absences
when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips
should not exceed 3 months at a time or 6 months in total over the 5
year period.

> Yours faithfully,
>
Umar Saif
Immigration Group
UK Border Agency

[tvn_ramesh]

Thanks Aussielaowai..

This is very useful info and most wanted info aswell requested by many...

Thanks for sharing...

[winber]

This is very interesting and it corresponds to how I read the Annex F guidance - absences consistent with annual leave (and presumably weekends + public holidays) are disregarded.

After that you can have up to 6 months worth of non working absences.

The way I often see it interpreted by on this forum and indeed it seems by many in the Home Office is that they add up all your absences (regardless of type), and if it is less than 6 months they can routinely disregard it, otherwise there might be a problem.

[Radtw78]

Dear All

I thought I would share this reply from the UK Border Agency as I thought you might find it interesting, especially as when calculating the absences outside UK. Their response is different from some of the discussions we've had on the board. This letter arrived a few weeks ago.

Best wishes
aussielaowai

The problem is there have been inconsistent responses from Home Office advisors.
Looks like each immigration officers just interpret the rules in the way they want.
I'd recommend you retain this email as evidence and include this print out when you actually apply ILR. Probably increase your chance.