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rj_ilr wrote:I have spoken to an immigration lawyer and she says that the chances are 50:50 as it is above 180 days. She said that "fathers death is not really compassionate grounds. It is OK for 2-3 days but not 21 days"
All absences count towards the 180 day period however this is not strictly enforced.While the applicant is required to list all kind of absences in the application the following 2 absence categories are ignored from the 180 day allowance:
a) Paid annual leave
b) Business trips
rj_ilr wrote:Thank you guys. I am going to apply for ILR (fingers crossed) based on the comments and it does look like I have a fair amount of chance of success.
In case they refuse, I will apply for extension.
Sometimes, they keep the documents for further consideration. I am thinking of asking for the documents straight away even if with a refusal. I do not want them to keep it for 4-6 weeks and then refuse it as my visa would have expired by then. Dont want to take that chance.
On a separate note, the replies here are better than a lawyers advise any day
Rj
It may be quoted somewhere but common sense and wording of the form is more than enough to understand this. It is clearly stated in the form to mention number of days absent from the UK.Polat wrote:I have seen here m any guys said that travel dates not counted.. could you please confirm this .. and where is written ? ... I didnt find any piece of paper on the home office website says that ...
I have 175 days absence and if I will exclude travel dates they will be 144 !!!!
I think the 105 days abroad (in one go) could be a potential hiccup in the ILR. But good luck anyway.HSMPgafla wrote:Hi I am in different situation
Can any one advice?
Previous Employer
Departure Date Arrival Date Days Reason
28/07/2006 11/08/2006 13 Paid Annual Leave
05/01/2007 19/01/2007 13 Paid Annual Leave
23/11/2007 30/12/2007 36 Paid Annual Leave
10/06/2006 21/06/2008 10 Paid Annual Leave
05/12/2008 21/03/2009 105 Paid Annual Leave till 21/12/2008 as was made redundent but on garden leave till 21/12/2008. I have P45 and employer letter confirm all my above paid leave and employment termination date. So my unpaid leave is 89 days and not 105 days.
Current Employer
18/12/2010 17/01/2011 29 Paid Annual Leave
Total days outside UK is 206.
Any comments..