ILR Confusion between short and long absence

[ilrsept12]

Hi All,

I have been a silent follower of posts in this forum for some time now. I am applying for ILR in September. I am on work permit since 2007 and have following absences. I am really confused as to which of these are short and can be disregarded by case worker straight away and which are long. In the guidance there is no explicit definition of short absences.

My employer is willing to support me with the required documentation.

Business Absences (none of these are to my home country) :

1/22/2008 3/12/2008 49
3/12/2008 4/25/2008 43
4/28/2008 7/17/2008 79
8/4/2008 10/3/2008 59
10/5/2008 10/31/2008 25
11/2/2008 1/16/2009 74
2/11/2009 3/13/2009 29
3/15/2009 5/9/2009 54

Personal Absences to home country:

5/13/2009 8/3/2009 81
8/6/2009 9/21/2009 45

The reason I ask this is because, if this complicates my application or there is a chance for it not being decided on same day, I may go for an extension (which my employer might not be too happy as they loose a COS)

[cs95tdg]

Looking at the information posted I'd say it's not whether you've had short or long absences that you need to be concerned about. It's the fact that you have exceeded the total 180 day absence threshold for the 5 year residency period. As you have not had any single absence which goes over the 90 day threshold for a single visit, what you will need to justify here is the total absences you have had during your ILR residency period which go over the 180 days. Have you read the FAQ sticky for ILR applications. If not please do so (Q16). Please also search this forum for other applicant experiences similar to yours, you will find many.

http://www.immigrationboards.com/viewtopic.php?t=79378

Note that you will need an employer letter for your business related absences. If the absences can be justified to satisfy the CW, you should be fine. Whether or not you get a decision on the same day or not will depend on which PEO you attend (E.g. Croydon - Senior CW's) and also on other factors such as whether there are IT issues on the day.

The other option you have, is to apply by post.

[ilrsept12]

Thanks for the reply. Yes I am going to Croydon and my employer promised to support me with detailed letters. I also have P60's and bank statements to prove.

My worry is because my visa is expiring 24 days after my appointment, hence wanted to check with you guys. My plan is to apply ILR, wait for few days, withdraw the application if its taking long time and then apply for extension. This risk would be worth if there is a good chance of a successful ILR. Does this plan sound feasible in practical world?

[cs95tdg]

My plan is to apply ILR, wait for few days, withdraw the application if its taking long time and then apply for extension.

Is there are particular reason why you would want to withdraw the application if it takes a long time for the decision to be made? Note that just because it takes a longer length of time for a CW to make a decision, does not necessarily mean the decision will be a rejection. Additionally, if you are not already aware of this, Section 3C/D of the Immigration Act will be in-force during the period between your current leave to remain expiry date and the UKBA ILR decision date. So you will not be an overstayer during that time, even if they don't reach a decision before your current leave to remain expires.

[ilrsept12]

The reason why I am thinking to withdraw if it takes too long is that I can atleast apply for extension, which would prevent me from overstaying. I know I am covered till the I get the decision, but if the decision is not positive and I recieve it after visa expiry then I wouldn't be able to apply for extension right?