First may I thank everyone in advance for any comments or advices.
As you might have noticed UKBA <
UKBApublicenquiries@ukba.gsi.gov.uk> no longer replies to emails
I have a classic question to do with the 180d absent rule for HSMP/Tier1 applying for ILR. Business trips can be excluded, but what about annual leaves?
I have asked UKBA the same question in Oct 2011 and here is the email response:
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Dear Sir/Madam,
Thank you for your enquiry.
One of the main requirements relating to settlement on the basis of the Highly Skilled Migrant Programme HSMP) / Tier 1 (General) visa category is that the applicant has spent a continuous period of 5 years in the United Kingdom in this capacity.
Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.
Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.
However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.
I hope that this is of some assistance to you.
Yours Faithfully,
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So I assume the correct way to calculate 180 days is to exclude business trips AND annual leaves?
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Now this is my situation:
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My uk visa permits are as below:
HSMP - 13/06/2008 to 09/06/2010
Extended Tier 1 - 28/04/2010 to 09/06/2013
Next year Jun I will be applying for indefinite leave to remain. I have two concerns:
1.HSMP+Tier 1 covers 13/06/2008 to 09/06/2013, it does not cover 10,11,12 jun 2013, will the 3 days missing be counted as not covering the full 5 years?My initial HSMP application was made in 01/04/2008.
2. Question related to days absent for continous 5 years calculation:
During the past 3 years and 8 months I have been away for
249 days . According to UKBA's Oct 2011 email, annual leave and business trips can be discounted, and the rest of the days away must be under 6 months with no single trips longer than 3 months.
Travel is my greatest hobbie and I have been to around 80 countries. I have always taken annual leaves (each year I have 25 days) in conjunction with public holidays, and made lots of weekend trips to Europe.I quite often fly in and out before or after work. There is no single trip over 3 months or unpaid leaves except the 4 days compatienate leave to attend funeral oversea.
Here is the break down of my total 249 days:
Annual leave: 112 days
Business trips: 7 days
Compatienate leave: 4 days
weekend and public holidays in conjunction with annual leave: 118 days
Airport in/out :8 days
- Can anyone advice if it is correct to say I have been away for 126 days excluding annual leave,business trip and compatienate leave,hence havent exceeded the 180 days limit?
- What evidance do I need to provide for compatienate leave? Is employer's letter sufficient? Or do I need my Auntie's death certificate included?
- The 249 days were calculated according to passport stamps. There are stamps made before or after my working hours (early or late flights), they are not full days but merely few hours in/out the airport, hence I didn't need to apply for annual leaves. Do they count towards the 180 days? Do I need to provide airtickets as proof to argue otherwise?
I need to work out if I am allowed to travel more for the next one year and 4 months before applying for ILR...... More importantly, my mum is going pass Norway for work end of this month from New Zealand, it will be ashame if I can't go and see her there to catch up!! .......thanks everyone!!