(Tier 1 ) ILR - 180 days

[ukmigrant2011]

Hi,

I am on Tier 1 (General) and finishing my 5 years in UK soon. I entered UK on 08/02/2006. I know this question might be repetitive, but I am posting this to get Experts advice.
[b]
Following are my VISA Details:[/b]

[b]Visa Type Validity From Validty Till[/b]
WORK PERMIT 19/01/2006 19/01/2008
WORK PERMIT 04/01/2008 19/07/2008
WORK PERMIT 11/08/2008 19/07/2009
T2 Intra Company Transfer 27/07/2009 03/02/2010
T1 General 24/09/2009 24/09/2012
-----------------------------------------------------------------------------

My worry is I was out of UK for more than 180 days though I am not away UK continuously more than 90 days.
Most of my vacations are Annual Leaves where I was paid in UK.
Only two vacations (24 days and 74 days ) are not paid and those are after I got my Tier 1 General. That was due to change of employment and I took vacation in between. As a whole I am away from UK for 206 days.

I have read the rules on UK BA and I know I have crossed the normal allowed 180 days period, and my case will be on the Case Workers discretion.

May I request the experts on this forum to give your opinion.
Cheers

[rajathwp]

U would be better off to carry letter from employer to cover some of your absences if you can. Please check last 3-4 pages of ILR topic and u will see someone has got ILR despite of long absences ( due to Employer Letter ).

Good Luck and Please post your exp ...

[wf]

My understanding is paid annual leave does not count towards the 180 days.

[dschmidt00]

Is that true...paid annual leave does not count toward 180 days?

[xyz123]

Is that true...paid annual leave does not count toward 180 days?

This is down to Case worker's descretion. There is no such thing as "not counting towards 180 days". All absences should be listed in the form.

If your absences are less than 180 total and 90 in single trip then no problem but if you have more than you may be asked for justification and depending on your evidence case worker will decide whether to gran ILR or not.