ILR - Tier 1 (General) 180 days absence new rule 13th Dec.

[tom.tom]

Hi All,

Please advice me if I can apply for ILR.
I work for an Indian company and my details are as follows.

WP visa stamped on = 20 Mar 2007
Entered UK on = 27 Apr 2007
worked at offshore = 03 Aug 2007 - 02 Sep 2007 = 30 days
paid vacation EU = 21 Dec 2007 - 30 Dec 2007 = 9 days
paid vacation India = 23 May 2008 - 02 Jun 2008 = 10 days
paid vacation India = 10 Oct 2008 - 3 Nov 2008 = 24 days

Switched to Tier 1 General April 2009

paid vacation = 01 Aug 2009 - 22 Aug 2009 = 21 days
worked at offshore = 08 Nov 2009 - 22 Jan 2010 = 75 days
worked at offshore = 25 Jan 2010 - 10 May 2010 = 105 days
paid vacation USA = 18 Mar 2011 - 04 Apr 2011 = 17 days
paid vacation India = 28 Oct 2011 - 07 Nov 2011 = 10 days

Extended Tier 1 General until June 2014

My total days of absence are 301 days ( 210 days @ offshore + 91 days paid vacation)

I am still employed with the same Indian company and have difficulty in getting a letter detailing the periods I spend at offshore. However, all my work travels are recorded in the company intranet site.
The only letter I can get from my employer is a reference letter stating that I am employed with them.

would it be helpful if I write a covering letter with HR dept contact details, attach the employee reference and a print out of travel records.

what are my chances of getting ILR, considering the new guidance.

April 2007 - Jan 2008 = 39 days
Jan 2008 - Jan 2009 = 34 days
Jan 2009 - Jan 2010 = 74 days
Jan 2010 - Jan 2011 = 127 days
Jan 2011 - Jan 2012 = 27days
Jan 2012 - Jan 2013 = 0 days

[Pratham]

There is new guidance which is concerning for such cases or so I think

http://www.immigrationboards.com/viewto ... 5f79f19e0b

I am sure a lot of folks are in same situation as you including me Your situation seems a touch more difficult given you were out more than 90 days, lets see what more experienced folks in this forum think. when do you plan to apply ?

Hi All,

Please advice me if I can apply for ILR.
I work for an Indian company and my details are as follows.

WP visa stamped on = 20 Mar 2007
Entered UK on = 27 Apr 2007
worked at offshore = 03 Aug 2007 - 02 Sep 2007 = 30 days
paid vacation EU = 21 Dec 2007 - 30 Dec 2007 = 9 days
paid vacation India = 23 May 2008 - 02 Jun 2008 = 10 days
paid vacation India = 10 Oct 2008 - 3 Nov 2008 = 24 days

Switched to Tier 1 General April 2009

paid vacation = 01 Aug 2009 - 22 Aug 2009 = 21 days
worked at offshore = 08 Nov 2009 - 22 Jan 2010 = 75 days
worked at offshore = 25 Jan 2010 - 10 May 2010 = 105 days
paid vacation USA = 18 Mar 2011 - 04 Apr 2011 = 17 days
paid vacation India = 28 Oct 2011 - 07 Nov 2011 = 10 days

Extended Tier 1 General until June 2014

My total days of absence are 301 days ( 210 days @ offshore + 91 days paid vacation)

I am still employed with the same Indian company and have difficulty in getting a letter detailing the periods I spend at offshore. However, all my work travels are recorded in the company intranet site.
The only letter I can get from my employer is a reference letter stating that I am employed with them.

would it be helpful if I write a covering letter with HR dept contact details, attach the employee reference and a print out of travel records.

what are my chances of getting ILR, considering the new guidance.

[tom.tom]

I am planning to apply in Jan 2013. The new guidance states that

Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

Does this mean I am not eligible for ILR now?

[cs95tdg]

Hi All,

Please advice me if I can apply for ILR.
I work for an Indian company and my details are as follows.

WP visa stamped on = 20 Mar 2007
Entered UK on = 27 Apr 2007
worked at offshore = 03 Aug 2007 - 02 Sep 2007 = 30 days
paid vacation EU = 21 Dec 2007 - 30 Dec 2007 = 9 days
paid vacation India = 23 May 2008 - 02 Jun 2008 = 10 days
paid vacation India = 10 Oct 2008 - 3 Nov 2008 = 24 days

Switched to Tier 1 General April 2009

paid vacation = 01 Aug 2009 - 22 Aug 2009 = 21 days
worked at offshore = 08 Nov 2009 - 22 Jan 2010 = 75 days
worked at offshore = 25 Jan 2010 - 10 May 2010 = 105 days
paid vacation USA = 18 Mar 2011 - 04 Apr 2011 = 17 days
paid vacation India = 28 Oct 2011 - 07 Nov 2011 = 10 days

Extended Tier 1 General until June 2014

My total days of absence are 301 days ( 210 days @ offshore + 91 days paid vacation)

I am still employed with the same Indian company and have difficulty in getting a letter detailing the periods I spend at offshore. However, all my work travels are recorded in the company intranet site.
The only letter I can get from my employer is a reference letter stating that I am employed with them.

would it be helpful if I write a covering letter with HR dept contact details, attach the employee reference and a print out of travel records.

what are my chances of getting ILR, considering the new guidance.

April 2007 - Jan 2008 = 39 days
Jan 2008 - Jan 2009 = 34 days
Jan 2009 - Jan 2010 = 74 days
Jan 2010 - Jan 2011 = 127 days
Jan 2011 - Jan 2012 = 27days
Jan 2012 - Jan 2013 = 0 days

Take a look at the suggestion I've made under the following thread and do the same yourself to determine how many absences you have for each of the 12 month periods. Note that new immigration rule changes on absences came into effect on 13th Dec 2012, therefore it would be advisable to read through the updated immigration rules and case worker guidance to which I've provided links in that thread.

http://www.immigrationboards.com/viewto ... ht=#755995

[SU2012]

tom.tom

I am in same situation as you. I have total 187 days absence outside UK, 107 days I worked at offshore for which I was paid at offshore and 80 days annual leave (visits to Home in India) for which I was paid in UK.

I have the same problem where I cannot get the employer letter for the 107 days absence. I am panning to apply ILR in Feb 2013. I am wondering how to explain the 107 days absence too. I can mention it work related and show Indian payslip but if UKBA asks for employer letter then I have a problem.

Pls let me know if you find a solution for your problem.

Many Thanks
SU

[navneek]

Which visa you are currently holding? If you are applying under Tier1 then you dont have to show any employer letter for your absences (<180 days).

If the total absence is more than 180 days and you are not applying under Tier1, then you should produce a letter.

[tom.tom]

I went through the new guidance several times and this is what I could make out of it...

Year 0: April 2007- Jan 2008 = 39 days absence [ignore]
Year 1 : Jan 2008 - Jan 2009 = 34 days absence < 180 days
Year 2: Jan 2009 - Jan 2010 = 74 days absence < 180 days
Year 3: Jan 2010 - Jan 2011 = 127 days absence < 180 days
Year 4 : Jan 2011 - Jan 2012 = 27days absence < 180 days
Year 5 : Jan 2012 - Jan 2013 = 0 days absence < 180 days

Therefore I am eligible for ILR and need not show any evidences as I am on tier 1 general.

Is my understanding correct?

[cs95tdg]

tom.tom, what date do you intend to apply for ILR? As you entered on 27 April 2007, technically you would have been eligible to apply up to 28 days before 27 April 2012; but I presume you delayed applying either due to your absences or some other reason?

Your annual absences should be counted backwards from the ILR application date. E.g. if you are applying on 02 Feb 2013, then the annual periods would be as follows:

Year 1: 02 Feb 2013 to 01 Feb 2012
Year 2: 02 Feb 2012 to 01 Feb 2011
Year 3: 02 Feb 2011 to 01 Feb 2010
Year 4: 02 Feb 2010 to 01 Feb 2009
Year 5: 02 Feb 2009 to 01 Feb 2008

Hope this clarifies the annual periods you should calculate your absences for. Once you have decided when you intend to apply, you can do this yourself.

[tom.tom]

Thanks cs95tdg. I delayed my application due to absence as my employer refused to provide me with letters for the same.

My total days of absence are 301 days ( 210 days @ offshore + 91 days paid vacation)

However, when i split it across 5 consecutive 12 month periods for any date in Jan 2013 or Feb 2013 they are less than 180 days for each of those periods.

As per the new guidance, I can apply for ILR without worrying refusal and need not provide any sort of evidences because I am on Tier-1 General.

[tom.tom]

Just started filling SET(O) form version 12/2012

on page 27 - Section 9 - TIER 1 POINTS SCORING ASSESSMENT
Section D

D. continuous residence Assessment

D1. Please confirm whether you have spent a continuous period of 5 years lawfully in the United
Kingdom:

Yes

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

Yes Go to question D3
No Go to section E

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these absences.

The form doesn't seem to be in-line with the new guidance...


[vd_ilr]

Hi tom.tom,

I am also in a similar situation - http://www.immigrationboards.com/viewtopic.php?t=122330

I came to UK in 2007 and was on work permit from 2007 to June 2008, later changed to Tier 1 (General) from June 2008 to 2013. Below are my absences from UK for the 5 year period from the date of my application. I plan to apply by PEO on 1st March 2013.

Year 1: 01 March 2013 - 29 Feb 2012 = 38 days - UK Paid annual leave - Tier 1 (General)
Year 2: 01 March 2012 - 28 Feb 2011 = 29 days - UK Paid annual leave - Tier 1 (General)
Year 3: 01 March 2011 - 28 Feb 2010 = 155 days - Paid in India - Tier 1 (General)
Year 4: 01 March 2010 - 28 Feb 2009 = 66 days - Paid in India - Tier 1 (General)
Year 5: 01 March 2009 - 29 Feb 2008 = 30 days - UK Paid annual leave - Tier 1 (General)

With the new 180 days rule in place and after reading the rules from: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

It looks like, only if you are on Work Permit or Tier 2 then its required to produce sufficient documents to support your absences from UK. Otherwise as long as you are less than 180 days in any 5 consecutive years it should not affect the “continuous period of 5 years lawfully in the UK” rule.

Am I correct in saying this? I am also confused about the questions under section 9.

[tom.tom]

The SET(O) forms were updated on 13th December. right???
Not sure what to put Section D:

Senior members please help...

[uksettlement]

D. Continuous Residence Assessment
D1. Please confirm whether you have spent a continuous period of 5 years lawfully in the United Kingdom:
Yes

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:
Yes

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these absences.
Need to come up with a paragraph for your absence.

Also, I have managed to get clarification from a case worker who works at liverpool PEO as I agree there is a lot of confusion with regards to the new rule and what still exits on the form...

These are case workers words...

After the 13th December, these as there rules that the application will be considered under:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Main Points:

· Only whole days absences are counted. Part day absences, for example, less than 24 hours duration are not counted.

· If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

· Where an applicant’s continuous residence period includes time spent as a Tier 2 Migrant or a work permit holder annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment (see link on left: Breaks in the continuous lawful period).

To be on the safe side I would detail the reasons for any long absences (just so the caseworker can take this in to consideration). But in the new rules they are only interested in the total number of absences over a 12 month period. It appears that if they do not exceed 180days in any 12 month period the applicant satisfies the requirements of the rules. They work out the 12 months like this.

Entry date: 10 November 2007.

Year 1
11 November 2012 to 10 November 2011
Year 2
11 November 2011 to 10 November 2010
Year 3
11 November 2010 to 10 November 2009
Year 4
11 November 2009 to 10 November 2008
Year 5
11 November 2008 to 10 November 2007

I think that the details on the SET(O) application form have not been completely updated, they will be in due course.

Also, to get a clarity from UKBA I have raised the question on whatdotheyknow.com as well if you guys agree with my points then please add annotations there....http://www.whatdotheyknow.com/request/c ... ing-343141

[vd_ilr]

Thanks uksettlement for raising this with UKBA. I have left an annotation on the web: http://www.whatdotheyknow.com/request/c ... ermited_ab

More members from this forum should post their comments in above web so that UKBA knows there are 100+ people waiting to get clarification on section 9 D2 of SET(O) form.

[uksettlement]

Thanks vd_ilr

[tom.tom]

Thanks UKsettlement. I hope home office responds quickly.

[SU2012]

Thanks UKsettlement for raising the query with UKBA on Section D. Lets hope they can provide a straight forward answer to your question.

While that is one area of confusion, the other query I have is on Section 6, Question no 6.2 and 6.3.

For 6.2 , I believe I need to list all my absences. Can I just mention the reason as Annual leave / Business Trip as required and leave question 6.3 blank? As my absences have been less than 180 days in each consecutive year of 5 yr period, I just list the reason for absences and not give any proof because I am on Tier 1?

[galathea]

tom.tom, what date do you intend to apply for ILR? As you entered on 27 April 2007, technically you would have been eligible to apply up to 28 days before 27 April 2012; but I presume you delayed applying either due to your absences or some other reason?

Your annual absences should be counted backwards from the ILR application date. E.g. if you are applying on 02 Feb 2013, then the annual periods would be as follows:

Year 1: 02 Feb 2013 to 01 Feb 2012
Year 2: 02 Feb 2012 to 01 Feb 2011
Year 3: 02 Feb 2011 to 01 Feb 2010
Year 4: 02 Feb 2010 to 01 Feb 2009
Year 5: 02 Feb 2009 to 01 Feb 2008

Hope this clarifies the annual periods you should calculate your absences for. Once you have decided when you intend to apply, you can do this yourself.

I was refused ILR at the end of December due to absences exceeding 180 days rule. They calculated absences disregarding calendar years - in my case from March to March, so that the total number of days absent would look higher (the rule states in any 12 months). All my absences were supported by the employer's letter and I paid taxes in the UK, but they did not find travelling for business compassionate enough. Sorry...

[vd_ilr]

Hi Galathea,

so you calculated the 5 year period like:

Jan 13 to Jan 12
Jan 12 to Jan 11
Jan 11 to Jan 10
Jan 10 to Jan 09
Jan 09 to Jan 08

rather than counting it backwards from the date of your application? Also can you list out your absences from UK? dates?

[galathea]

Hi Galathea,

so you calculated the 5 year period like:

Jan 13 to Jan 12
Jan 12 to Jan 11
Jan 11 to Jan 10
Jan 10 to Jan 09
Jan 09 to Jan 08

rather than counting it backwards from the date of your application? Also can you list out your absences from UK? dates?

No, I was applying before new rules came in force so didn't calculate anything. But they applied new rules to me, and calculated the absences over 12 months selecting those months so that it would maximize my absences - to go above 180 days (their method was not tied neither to the calendar (Jan to Jan) nor to my application date (Apr to Apr)). Can't quote particular periods as the file is on my work computer.

[cs95tdg]

tom.tom, what date do you intend to apply for ILR? As you entered on 27 April 2007, technically you would have been eligible to apply up to 28 days before 27 April 2012; but I presume you delayed applying either due to your absences or some other reason?
Your annual absences should be counted backwards from the ILR application date. E.g. if you are applying on 02 Feb 2013, then the annual periods would be as follows:

Year 1: 02 Feb 2013 to 01 Feb 2012
Year 2: 02 Feb 2012 to 01 Feb 2011
Year 3: 02 Feb 2011 to 01 Feb 2010
Year 4: 02 Feb 2010 to 01 Feb 2009
Year 5: 02 Feb 2009 to 01 Feb 2008

Hope this clarifies the annual periods you should calculate your absences for. Once you have decided when you intend to apply, you can do this yourself.

I was refused ILR at the end of December due to absences exceeding 180 days rule. They calculated absences disregarding calendar years - in my case from March to March, so that the total number of days absent would look higher (the rule states in any 12 months). All my absences were supported by the employer's letter and I paid taxes in the UK, but they did not find travelling for business compassionate enough. Sorry...

Note that, business travel is not considered a reason for discretion (i.e. an exceptional circumstance or case), since Dec 13th. Unlike previously where discretion could be applied if the absences were supported by an employer letter.

I was applying before new rules came in force so didn't calculate anything. But they applied new rules to me, and calculated the absences over 12 months selecting those months so that it would maximize my absences - to go above 180 days (their method was not tied neither to the calendar (Jan to Jan) nor to my application date (Apr to Apr)). Can't quote particular periods as the file is on my work computer.

What date does your refusal letter state as the decision date? What date have they used to calculate your absences for the 12 consecutive month periods during the 5 years? You say it's not your application date, so does the refusal letter give some information on how it was done. Without this, you will not be able to tell how they have reached the conclusion that you have exceeded the allowed 180day annual threshold. Additionally, we on this forum do not know the number of absences you had over the 5 years. I presume you had a high number during at least a period of a year, based on this refusal decision (i.e. this is irrespective of which 12 consecutive month period they fell under)? Can you shed some light as to the number of absences you had and when they were to be able to comment further?

Additionally have you been given the right to appeal?

[tokarthik]

I am also the same type of issue but one guy told to me total 180 days in five years thats why d2 section they gave that option so i am going to meet soliciter on sat and i will update it

in the mean while if any one got visa like me case

Date Left the UK Total Day out of country
3-Jul-08 133
11-Apr-09 19
20-Nov-09 9
23-Oct-10 10
08/09/2011 13
26/02/2012 16
Total days out 200

[cs95tdg]

I am also the same type of issue but one guy told to me total 180 days in five years thats why d2 section they gave that option so i am going to meet soliciter on sat and i will update it

in the mean while if any one got visa like me case

Date Left the UK Total Day out of country
3-Jul-08 133
11-Apr-09 19
20-Nov-09 9
23-Oct-10 10
08/09/2011 13
26/02/2012 16
Total days out 200

Tokarthik, as has already been suggested, you need to work your way through the guidance document and list your absences for the 12 consecutive month periods during your 5 year residence, counting back from your application date. Just listing your absences (or the total number) as you have done here is not sufficient to determine whether you are eligible or not. http://www.immigrationboards.com/viewto ... ht=#762242

Please also create your own topic as has been suggested.

[vd_ilr]

Hi cs95tdg / Senior members,

This is my details

Work Permit Stamped : 14 May 2007
Date of entry to UK : 09 Sep 2007
Tier 1 (General) Stamped : 12 June 2008
Tier 1 (General) Extension: 21 June 2011

Below are my absences from UK for the 5 year period from the date of my application (assuming that I apply by PEO in March 2013).

Year 1: 20 March 2013 - 21 March 2012 = 38 days - UK Paid annual leave - Tier 1 (General)
Year 2: 20 March 2012 - 21 March 2011 = 28 days - UK Paid annual leave - Tier 1 (General)
Year 3: 20 March 2011 - 21 March 2010 = 134 days - Paid in India - Tier 1 (General) 50 consecutive + 84 days consecutive.
Year 4: 20 March 2010 - 21 March 2009 = 87 days - Paid in India - Tier 1 (General)
Year 5: 20 March 2009 - 21 March 2008 = 30 days - UK Paid annual leave - Tier 1 (General)

I was sent back to India by my company in 2010 and was paid in INR. Quit the company in Aug 2010 and joined UK company in Sep 2010 (with an unpaid gap of 12 days).

See below dates of exit and entry to UK (dates inclusive). I have more than 180 days absence in year 2010, however if I take absences from the date of application then both 180 days and 90 days consecutive absences are not breached.

Exit : Entry
02 Sep 2012 to 16 Sep 2012 - 15 days (paid annual leave)
21 April 2012 to 13 May 2012 - 23 days (paid annual leave)
25 June 2011 to 22 July 2011 - 28 days (paid annual leave)
17 July 2010 to 04 Sep 2010 - 50 days (paid in india)
04 Jan 2010 to 12 June 2010 - 160 days (paid in india)
17 July 2009 to 27 July 2009 - 11 days (paid annual leave)
27 Nov 2008 to 26 Dec 2008 - 30 days (paid annual leave)

I have a letter from ex-employer that in 2010 I was working in offshore (India) due to 'project requirements'. Also the letter confirms my UK paid annual leaves.

1) Do I still have to show any letter for my absence in 2010 - 'compelling or compassionate reasons'? All my absences were while i was on Tier 1 Visa.

2) For question 6.2 from SET(O) form - "Since then have you had any absences from the UK? If yes, give the dates you left
and returned to the UK and the reason for the absence in the spaces below."

Is it ok to mention "Work related absence" for my absences during 2010? For all others I am going to mention "Annual Leave"

[vd_ilr]

Senior members, please can you answer my questions? Thanks