ILR 28 days + other issue

ksab · Post by **ksab** » Thu Jun 30, 2011 6:31 pm

I entered the UK to work on the 12th of September 2006 and will finish 5 years of work soon. When I calculate the '28 days before I finish 5 years' of work do I count back from the 12th or 11th of September 2011. I know it sounds trivial but with premium appointments being quite hard to book, if a date comes up in August I want to be sure I am eligible to apply then before I confirm the booking. 28 days before the 12th is the 15th of August, and 11th is 14th of August.

Also, I have raised an issue in this forum previous that I have 191 days absence out of the UK, all paid leave, and have been told that I should be okay, as usually paid leave is discounted at the discretion of the case worker. In case they refuse my application, I would have to apply for another work permit. As I work in a school, and it is closed all of August, would it be advisable to apply for a sponsorship certificate anyway through my employer and have it ready in case the ILR is refused, and I can then apply for a work visa?

Sushil-ACCA · Post by **Sushil-ACCA** » Thu Jun 30, 2011 6:36 pm

level 7 OFFICEr rarely apply his discretion in favour of applicant

i have not seen in last 2 yr any one with positive response in all case refused

u can take a chance of yr fees

ksab · Post by **ksab** » Thu Jun 30, 2011 6:40 pm

you mean because i am 11 days over the limit?

i wrote to the UKBA under the freedom of information act and have a letter from them which says that paid annual leave and work related travel is usually disregarded from absence calculations, and that in addition to that it's 180 days?

ksab · Post by **ksab** » Thu Jun 30, 2011 6:45 pm

also, there are lots of members in this forum, who have recently got ILR with around 180-200 days of paid annual leave

Sushil-ACCA · Post by **Sushil-ACCA** » Thu Jun 30, 2011 6:50 pm

take yr chance

all the best

rajesh_kumar01 · Post by **rajesh_kumar01** » Thu Jun 30, 2011 7:17 pm

You may have chance if none of your trip were more than 90 days .
I know where ILR was refused for 186 days out of uk .good luck

ksab · Post by **ksab** » Thu Jun 30, 2011 7:27 pm

thanks rajesh_kumar01. i'll have to apply and hope for the best. my employer is giving me a letter stating all the school holiday dates, hopefully that should satisfy the paid annual leave criteria.

akash08 · Post by **akash08** » Thu Jun 30, 2011 10:44 pm

you should be alright in postal application but in PEO you have little chance to succeed. At best they would convert your case to postal - unnecessary wastage of money.

xyz123 · Post by **xyz123** » Fri Jul 01, 2011 9:06 am

i dont know why many people are giving you negative feedback. there ae lots of success stories for ILR with more than 180 days absences. especially if no single absence is mroe than 90 days and all absences are certified by employer, its usually ok. i myself had 230 days absences on vacation and business trips. there is of course a risk of getting refused but if you are not too tight moneywise, i suggest you go in person.

ksab · Post by **ksab** » Fri Jul 01, 2011 10:49 am

thanks! i was getting really paranoid xyz123.

sushdmehta also gave me the same advice that you did.

makes me feel much better.

there is no point asking my employer to apply for a certificate of sponsorship right away is there? (as a back up)

xyz123 · Post by **xyz123** » Fri Jul 01, 2011 11:23 am

ksab wrote:there is no point asking my employer to apply for a certificate of sponsorship right away is there? (as a back up)

Thats up to you. You have visa till 12th sept 2011. So it depends if you have confidence in your employer to get paperwork ready between end of august (or whenever they come back to work) and 11th september 2011. Talk to your HR and see what they say

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ILR 28 days + other issue

ILR 28 days + other issue