More than 180 days absences from UK

[ilrupdates]

Dear all here are my case details, and i would be very thankful to you if any one can guide me in this respect please,

My HSMP visa was stamped on 10 March 2008
Entered UK on 24 April 2008 (44 days late entry from visa issue)
In 2010 I got extension as Tier 1 general which will expire on 26 March 2013.
I have also spent 201 days out of UK out of which 76 days are paid holidays and I have proof of paid leaves from employer. reaming 125 days are unpaid leaves.

Question 1
As I was absent from UK more than 180 days in five year period but every single absence was under 90 days in any year , can I claim discretion based on the paid holidays? so my absence may be considered as 125 days
(201-76 = 125) instead of total 201 days?

Question 2
My qualifying five year period will complete on 24Th April 2013 if I start from the UK entry date but visa will expire on 26Th March 2013. so I still have the gap of about 30 days for fulfilling 5 years period, can I apply for premier visa service? or I must apply through Post only?

Thanks a lot in anticipation.
ILRUPDATES.

[uksettlement]

One is allowed a total of 180 days and this includes on paid and unpaid holidays. Only exception to this is absence on compassionate grounds or work related absence. Hence, your absences will be counted as 201. If you have any absences which were work related only they can be discounted at the discretion of the case worker.

If you got your EC done on 10th March 2008 then you will be eligible for ILR by 12th Feb 2013. As the case workers discount the actual date of entry as long as it is within 90 days from the date of visa being issued.

Thanks!

[ilrupdates]

Thank you very much for reading my post carefully and then posting a reply to it.
dear there is still one confusion as one of my friend has same situation and he wrote a letter to home office. the home office replied that necessary business trips and the paid holidays are not included in the absences. so I am still a bit confused on this issue. and if my absences will be considered as these are i.e 201 days, will I have to apply for the extension or what could be the scenario?

secondly some of these absences were because of the death my father and after one year the death my mother. can I claim these absences of compassionate nature as I have got the certified deaths certificates from my home country.

Thanks

[ilrupdates]

hi please can any one reply my second post?
thanks

[d1234]

Hi, work related absenses less than 90 days at a stretch are absolutely fine...Just provide following documents:

1. Company letter describing your position,requirement etc.
2. Pay Slips
3. Bank Statements
4. Any UK ties durinng this period i.e. council tax,utility bills etc.

Good Luck..

[ilrupdates]

Hi, Dear D1234 thanks for sharing your knowledge.

the situation in my case is bit different, my absences are not work related/business trips. instead these absences are kind of my personal visit to my family back in my original country. and during these absences, I had paid holidays and I got the holiday pay in my bank account. I just want to make sure what is the scenario the these absences which are during my paid holidays period please? will these be discounted as well?
Thanks

[carlos2011]

One is allowed a total of 180 days and this includes on paid and unpaid holidays. Only exception to this is absence on compassionate grounds or work related absence.

uksettlement, where do you get this idea from? I see it said lots here, but this is a common misconception that from posts here seems to have spread around some caseworkers at UKBA. The guidance on the UKBA website is here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary The relevant part for people whose only leave is short holidays and/or short business trips is under the heading "Other qualifying categories". There is no limit to the amount of time a person can take short breaks, provided they are all holidays consistent with paid annual leave or short business trips consistent with maintaining employment or self-employment in the UK. The 180 day limit is in the next section, and applies only to longer absences. It says "any periods of long absence must not total more than six months". The 180 day limit is for long absences, not for the short absences mentioned in the section above. The longer absences break continuity, but under that section of the guidance the continuity can exceptionally not be insisted upon. I quite understand that as a fact case workers might be wrongly making decisions that misinterpret the guidance and apply a 180 day upper limit to short absences, but there is no way the guidance stands up to such an interpretation.

[yallow]

If you got your EC done on 10th March 2008 then you will be eligible for ILR by 12th Feb 2013. As the case workers discount the actual date of entry as long as it is within 90 days from the date of visa being issued.

Thanks!

They only discount it if the applicant's visa expires earlier than 4years 11 months from the date of first entry. Which is not the case here.

Correct me if I am wrong..

[uksettlement]

EXACTLY MY POINT CARLOS. Its best to work with that assumption as 180 days would mean 36 days of paid leaves every year. So 36 days absence every year is fine more than that it should be supported by employer letter etc.

Longer discretionary absences in cases where continuous residence has been
broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for
cases where:
• There have been no absences abroad, see calculation of the five year period for
settlement, and authorised employment or business in the UK has not been broken by
any interruptions of more than three months or amounting to more than six months in
total for the whole five year period. Decisions in such cases must be taken at higher
executive officer (HEO) level or above, or
• There have been longer absences abroad, provided the absences were for compelling
grounds either of a compassionate nature or for reasons related to the applicant’s
employment or business 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 example 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. Where continuous residence has been broken, periods may be aggregated
or shortfalls disregarded only with the approval of a senior executive officer (SEO) or
Grade 7.

[yallow]

Longer discretionary absences in cases where continuous residence has been broken

Why do you think it has been broken here?

[wpilr_nov12]

They only discount it if the applicant's visa expires earlier than 4years 11 months from the date of first entry. Which is not the case here.

Correct me if I am wrong..

Where do get that from? There is no such thing as 4 yrs 11 month. 5 years means five full years. No other way to look at it to suit your needs.

[yallow]

They only discount it if the applicant's visa expires earlier than 4years 11 months from the date of first entry. Which is not the case here.

Correct me if I am wrong..

Where do get that from? There is no such thing as 4 yrs 11 month. 5 years means five full years. No other way to look at it to suit your needs.

What is your question exactly? you are entitled to apply for ILR 28 days before 5 years, which is 4 years 11 months.

[cs95tdg]

They only discount it if the applicant's visa expires earlier than 4years 11 months from the date of first entry. Which is not the case here.

Correct me if I am wrong..

Where do get that from? There is no such thing as 4 yrs 11 month. 5 years means five full years. No other way to look at it to suit your needs.

What is your question exactly? you are entitled to apply for ILR 28 days before 5 years, which is 4 years 11 months.

Just to clarify the confusion here. You can apply upto 28 days before your current leave to remain expires (note that this does not necessarily equate to 4 years and 11 months). This is a seperate fact and does not mean that you do not need to have sufficient leave to remain to cover the entire 5 years in order to be eligible to apply for ILR. The 3 concession allows case workers to consider the period between EC & date of entry towards the 5 residency period so long as they applicant entered within 3 months of EC & was issued leave to cover the entire 5 year residency period.