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Absence over 180 days for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nnchum
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Posts: 6
Joined: Mon Apr 19, 2010 3:04 pm
Location: UK

Absence over 180 days for ILR

Post by nnchum » Tue Apr 27, 2010 6:56 pm

Hi! I'm getting ready to apply for ILR in a month. I have read posts in the forum and other sites on the internet that for ILr absences from the UK over the 5 years should not exceed 180 days.

Can someone send a link to the UKBA webside page confirming this? I cannot find anything?

I have 213 days outside he UK, all either on business trips or on paid leave, none exceeding 90 days at a time. All this time I have been working in the UK under a WP for a multinational company, I own a house and have complete work record over the 5 years. Will business trips be discounted? I will provide a letter from the employer

Thank you all

senthil78
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Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Re: Absence over 180 days for ILR

Post by senthil78 » Tue Apr 27, 2010 7:33 pm

nnchum wrote:Hi! I'm getting ready to apply for ILR in a month. I have read posts in the forum and other sites on the internet that for ILr absences from the UK over the 5 years should not exceed 180 days.

Can someone send a link to the UKBA webside page confirming this? I cannot find anything?

I have 213 days outside he UK, all either on business trips or on paid leave, none exceeding 90 days at a time. All this time I have been working in the UK under a WP for a multinational company, I own a house and have complete work record over the 5 years. Will business trips be discounted? I will provide a letter from the employer

Thank you all
Here is the link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You can exclude your business trip if you provide a employer letter for the absences and you were paid in UK.

Note : You can exclude your departure and arrival date from your absence

nnchum
Newly Registered
Posts: 6
Joined: Mon Apr 19, 2010 3:04 pm
Location: UK

Thank you!!!

Post by nnchum » Tue Apr 27, 2010 10:02 pm

Thank you! sitting at the computer going through 3 passport and 112 stamps in and out! Lucky me, each time I go anywhere even if it is my home country, I get stamped. Have to renew my passports a lot as I run out of pages but at least I have all the dates at the ready unlike the EEC guys :D
Does anyone know some good immigration jokes? Could do with a laugh

natalious13
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Posts: 4
Joined: Tue Apr 27, 2010 4:39 pm

Post by natalious13 » Thu Apr 29, 2010 4:46 pm

So just to confirm the 180 days is for personal only? Busienss trips can be excluded? Thank you.

nnchum
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Posts: 6
Joined: Mon Apr 19, 2010 3:04 pm
Location: UK

Post by nnchum » Thu Apr 29, 2010 5:31 pm

Called Border Agency the other day. Despite the warning at the top of the document that it may be out-of-date, I was told it is still valid.

Back to business trips - the wording is that short "absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded" and according to UKBA the key word is MAY BE and not WILL BE. So one needs to prove to them that it was necessary for YOU to go on the business trips in order to perform your job. Also you need to prove that you were indeed resident during this time...
So it all comes down to having compelling documents and their discretion! :roll:

senthil78
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Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Post by senthil78 » Thu Apr 29, 2010 10:07 pm

nnchum wrote:Called Border Agency the other day. Despite the warning at the top of the document that it may be out-of-date, I was told it is still valid.

Back to business trips - the wording is that short "absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded" and according to UKBA the key word is MAY BE and not WILL BE. So one needs to prove to them that it was necessary for YOU to go on the business trips in order to perform your job. Also you need to prove that you were indeed resident during this time...
So it all comes down to having compelling documents and their discretion! :roll:
Refer this http://www.immigrationboards.com/viewtopic.php?t=52845

HSMPgafla
Junior Member
Posts: 80
Joined: Tue Mar 11, 2008 7:53 am

Post by HSMPgafla » Sun May 23, 2010 9:14 pm

natalious13 wrote:So just to confirm the 180 days is for personal only? Busienss trips can be excluded? Thank you.
Hi
I ahve been outside UK for 105 days in one go from 5th december 2008 to 21st march 2009. Actually i was made redundent.

But my employnment was terminated on 22nd december 2009. I have letter from employer conforming that. I got my final pay on 24th december 2008.

Does that mean my break in continuty in residency start from 22nd dec 2008 and not from 5th december 2008? and time before 22nd december 2008 will be counted as paid leave?

mrlookforward
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Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Sun May 23, 2010 10:30 pm

HSMPgafla wrote:
natalious13 wrote:So just to confirm the 180 days is for personal only? Busienss trips can be excluded? Thank you.
Hi
I ahve been outside UK for 105 days in one go from 5th december 2008 to 21st march 2009. Actually i was made redundent.

But my employnment was terminated on 22nd december 2009. I have letter from employer conforming that. I got my final pay on 24th december 2008.

Does that mean my break in continuty in residency start from 22nd dec 2008 and not from 5th december 2008? and time before 22nd december 2008 will be counted as paid leave?
Well, they paid you upto 22nd december only because they counted it as paid leave, and you have a letter to prove that, so I dont see why UKBA will not treat it as paid leave.

HSMPgafla
Junior Member
Posts: 80
Joined: Tue Mar 11, 2008 7:53 am

Post by HSMPgafla » Mon May 24, 2010 6:07 am

mrlookforward wrote:
HSMPgafla wrote:
natalious13 wrote:So just to confirm the 180 days is for personal only? Busienss trips can be excluded? Thank you.
Hi
I ahve been outside UK for 105 days in one go from 5th december 2008 to 21st march 2009. Actually i was made redundent.

But my employnment was terminated on 22nd december 2009. I have letter from employer conforming that. I got my final pay on 24th december 2008.

Does that mean my break in continuty in residency start from 22nd dec 2008 and not from 5th december 2008? and time before 22nd december 2008 will be counted as paid leave?
Well, they paid you upto 22nd december only because they counted it as paid leave, and you have a letter to prove that, so I dont see why UKBA will not treat it as paid leave.
thanks for your comments

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