ILR 180 days in a year query - please help

[kumardar]

Ist entry to UK on WP on 13-02-2008 (entry clearance was issued on 07-02-08)
I was on Tier 2 General from Jan 2009 to 01-Apr-2009 and
on Tier 1 General from 02-Apr-2009 to Present, currently valid until 02-Apr-2014

Here r my absenses list(Total 273):
30/11/2010 to 12/05/2011 Worked from India(on Indian pay) includes 5 days unpaid as I have left the job on 06/05/2011 --- 162

17/06/2010 to 05/09/2010 Worked from India(on Indian pay)--- 79

07/06/2010 to 12/06/2010 Business trip France 4

23/04/2010 to 03/05/2010 Paid Holiday India 9

15/03/2010 to 19/03/2010 Business trip Ireland 3

23/02/2010 to 27/02/2010 Business trip France 3

25/01/2010 to 29/01/2010 Business trip Ireland 3

20/10/2009 to 23/10/2009 Business trip Ireland 2

07/11/2008 to 16/11/2008 Paid Holiday India 8

My Questions:
1. Can I go for a PEO appointment on 28-Jan-13(I will be completing 5 years on 13-02-2013) which is 28 days before 5 years completion date but it is not 28 days before my visa exp date 02-Apr-2014

2. I am I fine w.r.t the new 180 days per year rule if I apply on 28-Jan-2013 as my 162 absenses will be overlapped/divided across 2 calendar years.

3.All my absenses are for my previous employer and was for same UK based client. I am trying to get employer letter but since Iam in Tier1 category do I need the letter.

4. For my last 5 days absence within the 162 days, can I show the same work related reason as my travel to India was due to work but my return back to UK was due to my resignation or do I need to show it as unpaid leave.

5. For my spouse's dependant Visa do I need cohab docs for 2 years or the docs from my last Tier 1 visa extension date 02-Apr-2012 will be enough.

Please help.

[kumardar]

Appreciate if anyone can provide advice/help.

[kumardar]

My appointment is on 28th Jan in Solihul. with my dependents (wife and kid)
Please let me know if its worth trying as I have more absenses.

[wpilr_nov12]

Ist entry to UK on WP on 13-02-2008 (entry clearance was issued on 07-02-08)
I was on Tier 2 General from Jan 2009 to 01-Apr-2009 and
on Tier 1 General from 02-Apr-2009 to Present, currently valid until 02-Apr-2014

Here r my absenses list(Total 273):
30/11/2010 to 12/05/2011 Worked from India(on Indian pay) includes 5 days unpaid as I have left the job on 06/05/2011 --- 162

17/06/2010 to 05/09/2010 Worked from India(on Indian pay)--- 79

07/06/2010 to 12/06/2010 Business trip France 4

23/04/2010 to 03/05/2010 Paid Holiday India 9

15/03/2010 to 19/03/2010 Business trip Ireland 3

23/02/2010 to 27/02/2010 Business trip France 3

25/01/2010 to 29/01/2010 Business trip Ireland 3

20/10/2009 to 23/10/2009 Business trip Ireland 2

07/11/2008 to 16/11/2008 Paid Holiday India 8

My Questions:
1. Can I go for a PEO appointment on 28-Jan-13(I will be completing 5 years on 13-02-2013) which is 28 days before 5 years completion date but it is not 28 days before my visa exp date 02-Apr-2014. If you are otherwise eligible, YES.

2. I am I fine w.r.t the new 180 days per year rule if I apply on 28-Jan-2013 as my 162 absenses will be overlapped/divided across 2 calendar years. You need to analyze it in 12month windows scheme, eg 28 Jan 12-28 Jan 13.

3.All my absenses are for my previous employer and was for same UK based client. I am trying to get employer letter but since Iam in Tier1 category do I need the letter. Doesn't hurt to have one handy, just in case. But I believe you need some letter to meet the requirements per page 13 of Set O form.

4. For my last 5 days absence within the 162 days, can I show the same work related reason as my travel to India was due to work but my return back to UK was due to my resignation or do I need to show it as unpaid leave. Do not overcomplicate things by slicing and dicing your order of events.

5. For my spouse's dependant Visa do I need cohab docs for 2 years or the docs from my last Tier 1 visa extension date 02-Apr-2012 will be enough. 2 years.

Please help.

[Pratham]

I think a lot of folks on here are in the same boat. I wonder if its covered elsewhere.

What if your UK employment is secondment and you are sent back to the home office albeit for a small period?

As per your case I think its tough cause you'll have to provide good justification from your employer for that long absence and I guess it will be difficult as reason for you to go back has less to do with skills and project needs.

[kumardar]

Thanks for your replies.

If I divide the 5 years in 12 month window periods 28 Jan to 28 Jan.
My absences are less than 180 in any 12 month window. Based on this, am I eligible to apply for ILR?

Coming to the proof for absences, only my first absence of 8 days paid leave was when I held Work Permit (currently I have pay slip and bank statement for it). If I get Employer letter it will be covered there along with my all other absences which were on Tier 1.

According to the guidance I understand if absences due to Annual leave, business reasons or work reasons when on Tier 1, we do not need any Employer letter. Is understanding correct?

Only problem is for last 2 work related absences I was paid in India(I continued working on same project from there). For other business trips and annual leaves I was paid in UK. I am not sure if my last 2 work related trips(79+162 days) in the last 5 years can prove my UK employment is secondary?

I had an option of resigning in UK or work from India. The reason I agreed to work from India is because my wife went for delivery to India and delivered baby there(when I was there for 79 days). The birth certificate and discharge summary are there but I cannot show this as compassionate reason for both my last 2 work related trips (79 and 162)

My wife was continuously in UK for last 1 year 8 months only as she had 1 year gap in between the last 5 years, also my kid is in UK from last 1 year and 8 months.
Just want to know if they are eligible as dependents for ILR on Jan 28th. If they are not, I would like to try for ILR for myself first. Also is it OK if I attend PEO alone (as my appointment was booked with dependants)?

Please advice.