Set(O) 6.2 - Calculating continuous period in UK

[aaeran]

Hi,

I am applying for ILR in person on 30 Jan.

My consecutive periods are:
Year 1 - 30 Jan 2013 to 29 Jan 2012 - 12 days absence
Year 2 - 30 Jan 2012 to 29 Jan 2011 - 31 days absence
Year 3 - 30 Jan 2011 to 29 Jan 2010 - 36 days absence
Year 4 - 30 Jan 2010 to 29 Jan 2009 - 32 days absence
Year 5 - 30 Jan 2009 to 29 Jan 2008 - 117 days absence

Total absence in five years is 228 days but no where close to 180 days in any one year. The absence has been majorly for business trips.

I am seeking clarification on the statement made on Pg 10 in the "Guidance – ILR – calculating continuous period in the UK – v6.0".
No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).

I am unclear on how 180 days are calculated and if I have a problem!

Please advice...

Regards,

Ankur

[aaeran]

After publishing this query, I found useful information on the following link:
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months.

The above statement has probably answered my query, but confirmation from fellow members would be appreciated.

I hold Tier 1 (General) visa.

Regards,

Ankur

[cs95tdg]

If you are applying on 30 Jan 2013, based on the information provided you will have no issues with regards to your absences, as they are all within the allowed threshold.

[aaeran]

Hi,

Many thanks for your response.

Do I need a letter from employer confirming absence from UK?

I have been in my current job since Jun 2009. Does it mean that I need to get letters from both current and previous employers? Is there any template available for such a letter?

Regards,

Ankur

[cs95tdg]

Is your 5 year residence period made up of time as HSMP+T1G? An employer letter is not required if you are applying as a T1G Migrant.

[aaeran]

Hi,

Yes, my 5 years resident permit is made up of HSMP for first two years and as T1G for remaining three years.

Thank you for your swift response and confirmation.

Regards,

Ankur

[Bildor]

aaeran,

Based on the current rules, i believe you are fine. I have a similar scenario.
Just out of curiousity, the 117 days abscense you had, were they unpaid leave?

[aaeran]

Bildor,

One month of paid annual leave, rest were business trips to Middle East and India.

Ankur