How are 'out of country in a year' calculated

[pullikanti]

Hi,
I entered UK on 22nd April 2007 on HSMP and later got extension as Tier 1 (General) for 3 years.
For ILR we must not cross 180 days out of country and 90 days in any year.

So, how are the years counted? I mean, in my case, I arrived in UK on 22nd April 2007.
So, will I count each year from 22 April till 21st April in next year?(eg: 22nd Apr 2007 till 21 April 2008)

I am worried about this because in 2010 I was on maternity leave and went to India from 15 March till 4 May (anyways it is 82 days).
If it is calculated from the day we enter, then it will be 38 days in my 3rd year in this country and 44 days in my 4th year in this country.
Otherwise, it is 82 days at a stretch.

But I again went to India in 2010 from Nov 22 to Nov 27. So, if we count 82 days at a stretch, then it is total of 88 days in 2010.
I am planning to go to India again this April (after 22nd April so that my 5th year starts) for 17 days. So I am worried about how the days out of country in a year are calculated - whether each year from the day we enter country or is it January to December.

Also, as per the new rule, if we go out of country on annual paid leave then it is not counted in "out of country" days. Will this apply for Tier 1 (general) as well.
If so, what proof should we provide that we were out of country on annual paid leave - will the payslips showing that we were getting paid in those days sufficient. Please suggest.

Thank you.

[manoj123]

Hi,

I did not notice any guidance on how the years are considered. Some of the expert members might be able to help you.

However UKBA also released a guide to calculate continuous period of stay. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Another member of this forum had problem with maternity leave away from the country. I would recommend having enough documents to prove you are employed and paid during that period.

all the best

[xyz123]

i dont think they are worried about absences in a year only but they look at total absences of 180 days total of 90 days in single trip.

Many people (including myself) get ILR with more than 180 days out if one can prove that trip was essential. Note that there have been few casess where people have had problems due to spending more than 90 days single or 180 days total time outside UK on maternity leave adn ILR have been rejected. This is becase maternity leave is not essential but is only a convinience.

With regards to paid leave, its not a question of discounting it totally but you need to list all absences in the form and case worker will use his descretion if its over 180 total or 90 in single trip.

so if you can, keep your absences under 180/90 and you are fine.

this is all subject to rules staying same for over a year and half before you can apply in 2012.

[pullikanti]

Hi,
Thank you for the reply.
Below is the list of days that I am outside UK. None of them crossed 90 days and total is less than 180 days. Will these be a problem.

1) 28/03/2008 till 14/04/2008 = 18 days
2) 18/04/2009 till 04/05/2009 = 17 days
3) 10/10/2009 till 25/10/2009 = 16 days
4) 15/03/2010 till 4/06/2010 = 82 days
5) 22/11/2010 till 27/11/2010 = 6 days

Total = 139 days


Thank you.

[xyz123]

Hi,
Thank you for the reply.
Below is the list of days that I am outside UK. None of them crossed 90 days and total is less than 180 days. Will these be a problem.

1) 28/03/2008 till 14/04/2008 = 18 days
2) 18/04/2009 till 04/05/2009 = 17 days
3) 10/10/2009 till 25/10/2009 = 16 days
4) 15/03/2010 till 4/06/2010 = 82 days
5) 22/11/2010 till 27/11/2010 = 6 days

Total = 139 days


Thank you.

so far no problems, however you still have one year and a half before you can get ILR, so be careful.

its not to say dont go out for more than 180 days but at the end of the day it gets slightly more complicated when you go over 180. if you do go over then make sure you go only on essential trips and keep backup of trips (bank statements, boarding cards, reason for travel e.g. if marraige keep invitation). .. no one can give you an exhaustive list but more docs you have, better for you...

[pullikanti]

Hi,
Thank you very much for the suggestion. It is very helpful for me.
Anyway i am planning another 17 days till my visa expiry in 2012. So, it will not cross 180 days. Anyway I will try to get letter from my employer stating that the leaves(except the long trip of 82 days mentioned above) were annual paid leaves. Also I can get bank statements and pay slips for all the absences for annual leave.

Also,

i dont think they are worried about absences in a year only but they look at total absences of 180 days total of 90 days in single trip.

May I know where in the ukba site are the above conditions on 180 days and 90 days mentioned.
I searched the site but could not find it. Please can you provide me the link.

Thank you.

[pullikanti]

Can anyone please provide the links asked for in above email.

Thanks in advance.

[Markie]

check this link. Look in the Appendix section...it states not more than 3 months at any given time or six months in total.

Can anyone please provide the links asked for in above email.

Thanks in advance.

[pullikanti]

Hi,
Thank you very much for the reply.