ILR Urgent - Days out of Uk

[orbis2]

Hi,

I am going to apply ILR next month & days outside from UK are around 160. But on 3 occasions i was away for more than a month but all paid. Dates as mentioned below

1. 01/12/2007 - 15/01/2008 ---- 43 days
2. 01/12/2008 - 05/01/2009 ---- 34 days
3. 15/10/2010 - 20/11/2010 ---- 45 days


I am really worried as a lawyer told me that these absense are more than a month & might possible i will not get ILR as these days are more than a month, Please advise.

[happ_go_lucky]

you are well within limits as your total absences are less than 180 and you dont have any single absence at a stretch over 90 days. Not sure why your lawyer thinks you have a problem.

[orbis2]

Here is the response which I got from Lawyer.

From a review of the absences you have provided, while the overall amount of absences are below 180 days in total, I am concerned regarding the long periods you have had overseas. For example, there are breaks of 42, 35 and 30 days. The UK Border Agency are likely to query these absences and ascertain if your continuous stay in the UK has been broken.

Items that may indicate that continuity has been broken can include single absences in a calendar year that exceed your annual leave entitlement from employment.

Therefore, these absences will need to be addressed before submitting the application.

[sunil.suneel]

All I see is more than 30 days in a calender year cannot be justified as paid leaves ... but that question of justification arises only when you are in excess of 180 in total and you have to reason out the extra days out of country ...

Since you are well within the limit of 180 days, the caseworker will not even bother to see if it is business or paid or unpaid ... they wont even ask you for any justification regarding your absences ...

You are very safe with absences and dont have to worry.

That lawyer you are speaking to is just trying to get business out of you by making a straightforward case look complicated ...

[settled_now]

I'd say get a different lawyer.

Better yet, in your case, just drop the one you have and apply on your own.

He's stressing you for no reason. You'll sail right through your ILR.

[vinny]

You should be okay.

[m.j]

Here is the response which I got from Lawyer.

From a review of the absences you have provided, while the overall amount of absences are below 180 days in total, I am concerned regarding the long periods you have had overseas. For example, there are breaks of 42, 35 and 30 days. The UK Border Agency are likely to query these absences and ascertain if your continuous stay in the UK has been broken.

Items that may indicate that continuity has been broken can include single absences in a calendar year that exceed your annual leave entitlement from employment.

Therefore, these absences will need to be addressed before submitting the application.

I have a feeling the lawyer is unnecessarily complicating things for you. If your case is straight forward, you can apply it yourself and do not need a lawyer at all.
As long as you have not exceeded 180 days in 5 yrs and 90 days in a single trip, you should be fine for the application.

[Rishika]

Hi would the 3 monhts waiver under Modernisation Guidance between the entry clearance date and UK entry date get include to verify the 180 days calculation on abseces from Uk ?/ Urgent advise appreciated.

Here is the response which I got from Lawyer.

From a review of the absences you have provided, while the overall amount of absences are below 180 days in total, I am concerned regarding the long periods you have had overseas. For example, there are breaks of 42, 35 and 30 days. The UK Border Agency are likely to query these absences and ascertain if your continuous stay in the UK has been broken.

Items that may indicate that continuity has been broken can include single absences in a calendar year that exceed your annual leave entitlement from employment.

Therefore, these absences will need to be addressed before submitting the application.

I have a feeling the lawyer is unnecessarily complicating things for you. If your case is straight forward, you can apply it yourself and do not need a lawyer at all.
As long as you have not exceeded 180 days in 5 yrs and 90 days in a single trip, you should be fine for the application.