180 days rule

[dontasky1]

I am concerned about this rule ‘maximum allowable days out of UK are total 180 days over 5 years’ so would like to get some feedback from you guys on the what do you think is the best path for me.

In total I have spent 202 days outside UK since my entry clearance stamp or let’s say last 5yr. This is my 2nd job in the UK , in my first job my role allowed me to work from home so I took the luxury and clubbed my holidays with work from home. It would be like 3 weeks holidays and 1 week from home (from India) so this way I have worked like 7 weeks from India.

Before I left my previous company I took at letter from them (exact wording as below).

Is this letter sufficient to convince case worker for Exceptional discretion ??????

Should I apply for ILR or Extension on Tier-1 ????

---------------------------
We are pleased to confirm that XXXXX is employed by XXXXX on a permanent basis since XXX -2008, XXXX is contracted to work 37.5 hr a week.

The position that XXXX holds within XXXXX is XXXXX.


We wish to confirm for records that XXXXXX had travelled on business during following weeks and was working from India during this period. Has had been paid regular salary and taxed in UK during these weeks and this could be verified with his Salary slips.


His job role on these trips were
XXXXXX (details of my work)


regards
HR
--------------------------------

[wpilr_nov12]

Looks like your letter is restating the obvious - your salary paid in Uk etc. What new information does the letter have that would not already be in other docs?

[dontasky1]

Looks like your letter is restating the obvious - your salary paid in Uk etc. What new information does the letter have that would not already be in other docs?

Didnt get your point ??

I am asking does this letter seems good enough as a proof of me be working on those trips and hence seeking exception from 180 rule (202 -35 days ( 7days per week)

[wpilr_nov12]

Your letter needs to establish a business case for your selection for this assignment overseas. Things to include are, but not limited to, why you, what would it have cost the business if not you, significance of this project to your employer in Uk economic context etc

[dontasky1]

Your letter needs to establish a business case for your selection for this assignment overseas. Things to include are, but not limited to, why you, what would it have cost the business if not you, significance of this project to your employer in Uk economic context etc

I have left that company couple of months ago and I doubt they will issue me another such letter detailing business need etc.

what all options do I have now ? convince case worker at PEO on ILR application or renew tier-1 visa ( would cost me more money) ?

would going via solicitor help ?

[dontasky1]

I am concerned about this rule ‘maximum allowable days out of UK are total 180 days over 5 years’ so would like to get some feedback from you guys on the what do you think is the best path for me.

In total I have spent 202 days outside UK since my entry clearance stamp or let’s say last 5yr. This is my 2nd job in the UK , in my first job my role allowed me to work from home so I took the luxury and clubbed my holidays with work from home. It would be like 3 weeks holidays and 1 week from home (from India) so this way I have worked like 7 weeks from India.

Before I left my previous company I took at letter from them (exact wording as below).

Is this letter sufficient to convince case worker for Exceptional discretion ??????

Should I apply for ILR or Extension on Tier-1 ????

---------------------------
We are pleased to confirm that XXXXX is employed by XXXXX on a permanent basis since XXX -2008, XXXX is contracted to work 37.5 hr a week.

The position that XXXX holds within XXXXX is XXXXX.


We wish to confirm for records that XXXXXX had travelled on business during following weeks and was working from India during this period. Has had been paid regular salary and taxed in UK during these weeks and this could be verified with his Salary slips.


His job role on these trips were
XXXXXX (details of my work)


regards
HR
--------------------------------

Can other senior member of the forum put more light on what I should be doing ?

Does above letter seems solid as proof or it does not ?

[cs95tdg]

Your letter needs to establish a business case for your selection for this assignment overseas. Things to include are, but not limited to, why you, what would it have cost the business if not you, significance of this project to your employer in Uk economic context etc

I have left that company couple of months ago and I doubt they will issue me another such letter detailing business need etc.

what all options do I have now ? convince case worker at PEO on ILR application or renew tier-1 visa ( would cost me more money) ?

would going via solicitor help ?

I agree with wpilr_nov12. IMHO the letter, as it stands, does not justify why you had to be absent from the UK for work/business related purposes. Additionally I do not believe a solicitor can help with this aspect of your application, as the justification must come from your employer. The options you have are 1) to apply for ILR now, risking a possible rejection (if you cannot get an appropriate letter from your employer) OR 2) apply for further leave to remain as a Tier 1 G migrant until your absences meet the required threshold & then apply for ILR. Note however that this is my personal opinion based on the information you have provided in this topic.

[geriatrix]

OP, share your immigration history:

1. Dates of EC, entry, expiry.
2. Dates / days of absences during the qualifying period.

[dontasky1]

OP, share your immigration history:

1. Dates of EC, entry, expiry.
2. Dates / days of absences during the qualifying period.

1. Date of ec-17 jan 08, entered uk -08 feb 08 , expiry 17 jan 2013
2. Total days outside uk 202 days , includes 7 working weeks. This working weeks clubbed with holidays.

[dontasky1]

Your letter needs to establish a business case for your selection for this assignment overseas. Things to include are, but not limited to, why you, what would it have cost the business if not you, significance of this project to your employer in Uk economic context etc

I have left that company couple of months ago and I doubt they will issue me another such letter detailing business need etc.

what all options do I have now ? convince case worker at PEO on ILR application or renew tier-1 visa ( would cost me more money) ?

would going via solicitor help ?

I agree with wpilr_nov12. IMHO the letter, as it stands, does not justify why you had to be absent from the UK for work/business related purposes. Additionally I do not believe a solicitor can help with this aspect of your application, as the justification must come from your employer. The options you have are 1) to apply for ILR now, risking a possible rejection (if you cannot get an appropriate letter from your employer) OR 2) apply for further leave to remain as a Tier 1 G migrant until your absences meet the required threshold & then apply for ILR. Note however that this is my personal opinion based on the information you have provided in this topic.

I totally understand what you mean , but it saddens me because at the time I left my previous company I followed a post earlier posted at this forum http://www.immigrationboards.com/viewtopic.php?t=52143 for Employer Letter for UK Absences. Now it seems thats not good enough to most ppl , does anyone has another format which seems to justify UK Absences for work ???

I appreciate everyone's advice as long as its constructive.

[cs95tdg]

Your letter needs to establish a business case for your selection for this assignment overseas. Things to include are, but not limited to, why you, what would it have cost the business if not you, significance of this project to your employer in Uk economic context etc

I have left that company couple of months ago and I doubt they will issue me another such letter detailing business need etc.

what all options do I have now ? convince case worker at PEO on ILR application or renew tier-1 visa ( would cost me more money) ?

would going via solicitor help ?

I agree with wpilr_nov12. IMHO the letter, as it stands, does not justify why you had to be absent from the UK for work/business related purposes. Additionally I do not believe a solicitor can help with this aspect of your application, as the justification must come from your employer. The options you have are 1) to apply for ILR now, risking a possible rejection (if you cannot get an appropriate letter from your employer) OR 2) apply for further leave to remain as a Tier 1 G migrant until your absences meet the required threshold & then apply for ILR. Note however that this is my personal opinion based on the information you have provided in this topic.

I totally understand what you mean , but it saddens me because at the time I left my previous company I followed a post earlier posted at this forum http://www.immigrationboards.com/viewtopic.php?t=52143 for Employer Letter for UK Absences. Now it seems thats not good enough to most ppl , does anyone has another format which seems to justify UK Absences for work ???

I appreciate everyone's advice as long as its constructive.

Reading your subsequent response, your total absenses from the UK during your ILR residency period comes to 202, meaning the amount over the allowed threshold would be 22 (202-180). If no single absence is over the 90 day threshold, a case worker may accept this with the employer letter you currently have which outlines the time periods when you were absent from the UK (i.e. 7 weeks covering 49 days if they included weekends). In my opinion the burden of justification of work related absences increases when the period in question is significant & also depends to an extent on the individual case worker who looks at the application. You may want to search this forum to see what other applicant experiences have been and which PEO's they applied at to see whether there is a difference.