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thanks Jami , one more thing , what would be the worst case scenario if discretion is not given in my favour? would my clock restart from the day I returned ? ( my five year ILR period starts 06/08/2008 , I left UK on 02/12/2008 , returned 02/04/2009 ) . thanksjami wrote:Hi"MPI"
My opinion on your quires:
1- Would my 90+ single absence be justified?
Absence of 120 days is apparently not justified. But you can improve your chances by claiming these under compassionate circumstances and producing evidence in support thereof and evidence of your continued ties with UK in that period
2- if so , how many days is left for me ? 180 or 60?
Your chances would be further improved if you assume that you have 60 left for remaining 2 years
well.....the problem is though I haven't been out of country for long ........ the longest was I think 10 or 12 days. But I don't have a record to link it with annual leaves and I have since changed jobs and I don't think I'd be able to obtain any such evidence from my previous employer.jami wrote:silversurfer,
As per my understanding no evidence should be required where over all absences during 5 years are under 6 months due to whatever reasons and similarly no evidence where single absence is not over 3 months.
But 6/3 months absence is a concession given by UKBA. In Immigration Rules the expression used for ILR is:
"period of 5 years continuous lawful residence in United Kingdom "
In ILR rules contrary to Naturalization rules there is no mention of absences permissible in the qualifying period.
UKBA has given the aforesaid concession by interpreting word
" continuous" not literally rather reasonably. ( though it is still not very reasonable )
As an abundant precaution one should attach evidence of annual leaves related absences as the same should be readily available.
Hi Jami,Posted: Mon Jul 18, 2011 7:19 am Post By: jami
393 job related absences at a time would be a major hurdle in your ILR and merely a simple employer letter would not be sufficient.Employer should explain why sending you was necessary for them
If you were paid for that period in UK and taxed through PAYE than chances are improved. Take your chance at PEO Solihull/Glasgow/Belfast where fee is taken after positive decision only