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Hi dejavu,dejavu wrote:lynz, I have checked with UKBA before and Ive been told weekends and public holidays are included.
staffordjafar, are there any published guideline on excluding dates in and out (stamped date on passport)? Do we need to provide evidences such as boarding pass..... So far I have counted them in but not sure if thats the right way to present absences days. Many thanks.
Yibo,dejavu wrote:hi staffordjafar, thanks for your reply! yup I have checked with UKBA by calling and they told me the same thing as in/out of UK stamps are not counted.
But I am still unclear as I have done lots of weekend trips (city breaks to Europe). I fly out Sat morning, fly back Sunday night. How many days would that be? 0? 1? 2?
Also if there are no uk exit stamps can i use enter stamps of the country I visited as proof?
Thanks, Yibo
Now, this is ridiculous. 180 days is NOTHING. I regualrly travel for 2-3 days a month in relation to work. This is 30-40 days a year (or 150-200 days over 5 years). So, according to UKBA, I cannot visit my elderly parents in my home country at all, nor can I travel on short vacations abroad?dejavu wrote:no worries lynz!
I got more clarification. sounds like we need to count annual leaves in to be on the safe side.
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Dear Sir,
The Immigration Rules state that in order to be eligible to apply for Indefinite Leave to Remain, you must have spent a continuous period of 5 years lawfully in the UK. UK Border Agency however does allow for some discretion in the calculation of absences from the UK. Modernised guidance explains when and how his discretion can be exercised:
When assessing if an applicant has met the criteria for five years continuous residence in the UK, short absences abroad may be disregarded, provided the applicant has clearly continued to be based in the UK. For example:
• holidays (consistent with annual paid leave), or
• short business trips (consistent with maintaining employment or self-employment in the UK).
No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the absence is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken.
The guidance has not changed, but presented in a different format. Essentially, any absence related to paid annual leave or business can be discounted provided they do not exceed the permitted limit of 3 months for a single absence, and 180 calendar days (including bank holidays and weekends) in total over the 5 year period.
I would like to remind you that the Immigration rules do not allow for any absence whatsoever. The above policy was drafted to accommodate reasonable absences throughout the 5 year period, on the assumption that people may want to spend their annual holidays outside of the UK, or that their business may require them to work outside of the UK for short periods of time.
I trust that this answers your question.
UK Border Agency – Settlement Ops Polic
dejavu wrote:
Essentially, any absence related to paid annual leave or business can be discounted provided they do not exceed the permitted limit of 3 months for a single absence, and 180 calendar days (including bank holidays and weekends) in total over the 5 year period.
I would like to remind you that the Immigration rules do not allow for any absence whatsoever. The above policy was drafted to accommodate reasonable absences throughout the 5 year period, on the assumption that people may want to spend their annual holidays outside of the UK, or that their business may require them to work outside of the UK for short periods of time.
This attitude is plain terrible. So, at first they create an impression (backed up by thousands of previous decisions) that business trips and paid leave can be disregarded, so you plan accordingly (otherwise you would choose a different job, spend less time vacationing abroad etc). Then suddenly they find it acceptable to "change the tone", and pretend as if all previous expectations are completely unjustified.dejavu wrote:jask....when i rang up UKBA and asked what evidences we need to provide to prove 'the applicant has clearly continued to be based in the UK'. (see page 3 of ilr-calculating-continuous.pdf) The response was there is nothing required its all up to the caseworker. So all down to luck I feel
dejavu wrote: I emailed UKBA Oct 2011 and got the below response
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IND Public Enquiries UKBApublicenquiries@ukba.gsi.gov.uk
5/10/11
to me
Dear Sir/Madam,
Thank you for your enquiry.
Please be advised as explained by my colleagues below that one of the main requirements relating to settlement on the basis of Work Permit Employment is that the applicant has spent a continuous period of five 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.
The above is the correct information and we are unable to assist you further with the same enquiry.
If you have an enquiry of another nature we will reply to your enquiry.
Yours faithfully,
Jas Patel
Immigration Group
UK Border Agency
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This leads me to believe that one is entitled to be out of the country for 180 days in 5 years EXCLUDING paid annual leave and business trips.
Is it correct paid annual leaves are disregarded/discounted?
I am absent for 249 days , 112 days are annual leave, 7 days are business trips, does that mean my total days of absences is 130 days?
Thanks in advance.
sunil.suneel - I'm sorry I didn't come back and see your reply. I think you're almost right:sunil.suneel wrote:Carlos
As per you analysis:
1) All short absences for Business and Paid leaves should be discounted.
2) It is OK have more than 3 months absence but not more than 6 months. And this 6 months in not the total including business and paid leaves ? is tat how you see ?