180 DAYS RULE FOR WORK PERMIT HOLDER

[acerbic]

Hello All,

I hope you guys can help me out with one query
My ILR is due in coming few months and i am very much concern
considering 180 days absences rule.
From the date of visa provision to latest i have been outside UK
for 195 days excluding days of arrival and departure and all of
these holidays were personal holidays and not work related but they
all were PAID holidays.
And each holiday was not on a stretch of more then 40 days and was
less then 90 days a year.

Does the new rule of 180 days absence in a calendar year also
implies on work permit holder as well.?

My question is with 195 days away from UK (PAID) on holidays in a
period of 5 years with work permit visa allow me qualification for
ILR or not.

[uksettlement]

Hello All,

I hope you guys can help me out with one query
My ILR is due in coming few months and i am very much concern
considering 180 days absences rule.
From the date of visa provision to latest i have been outside UK
for 195 days excluding days of arrival and departure and all of
these holidays were personal holidays and not work related but they
all were PAID holidays.
And each holiday was not on a stretch of more then 40 days and was
less then 90 days a year.

Does the new rule of 180 days absence in a calendar year also
implies on work permit holder as well.?

My question is with 195 days away from UK (PAID) on holidays in a
period of 5 years with work permit visa allow me qualification for
ILR or not.

You are eligible. You just need a employer letter to specify that the leaves were work related.

[Gagan1986]

You are eligible. All you need is a letter from your employer stating the absences were authorised paid annual leave. There is a template in the sticky note on this page

[acerbic]

But i was out of country on Holidays and i get paid since these holidays are part of my annual + over time work holidays.

[dmaks]

Yes new rules are applicable to WP Holders also.

[acerbic]

Thanks for your prompt replies everyone..

So does that mean getting an ILR with 195 paid holidays won't be a problem?

do i have to fill section D2 in this case or not since i am on work permit ?

[Gagan1986]

But i was out of country on Holidays and i get paid since these holidays are part of my annual + over time work holidays.

Yes though they were holidays you would still need a letter from employer. It is a mandatory requirement for WP/Tier 2 holders.

[acerbic]

Thanks for your prompt replies everyone..

So does that mean getting an ILR with 195 paid holidays won't be a problem?

do i have to fill section D2 in this case or not since i am on work permit ?

Thanks again for your support , could you guys please help me with the following queries as well .
Thanks

[Gagan1986]

Thanks for your prompt replies everyone..

So does that mean getting an ILR with 195 paid holidays won't be a problem?

do i have to fill section D2 in this case or not since i am on work permit ?

Thanks again for your support , could you guys please help me with the following queries as well .
Thanks

What are your specific queries? Go through the set O form thoroughly all the instructions are there

[dmaks]

If you are on WP, you don't need to fill Section 9.

Thanks for your prompt replies everyone..

So does that mean getting an ILR with 195 paid holidays won't be a problem?

do i have to fill section D2 in this case or not since i am on work permit ?

Thanks again for your support , could you guys please help me with the following queries as well .
Thanks

[acerbic]

If you are on WP, you don't need to fill Section 9.

Thanks for your prompt replies everyone..

So does that mean getting an ILR with 195 paid holidays won't be a problem?

do i have to fill section D2 in this case or not since i am on work permit ?

Thanks again for your support , could you guys please help me with the following queries as well .
Thanks

Thanks it was my mistake i was looking at wrong section

[technoguy]

But i was out of country on Holidays and i get paid since these holidays are part of my annual + over time work holidays.

Yes though they were holidays you would still need a letter from employer. It is a mandatory requirement for WP/Tier 2 holders.

Hi Gagan, Would you be able to clarify if total holidays are less than 180 days in 5 years and none of them are more than 90 days in a stretch will still a letter be required from the employer for a WP - Tier 2 ICT? Although i will be pleased to hear not required but it is required then can a personal letter will help instead of employer letter for annual holidays.

[Gagan1986]

But i was out of country on Holidays and i get paid since these holidays are part of my annual + over time work holidays.

Yes though they were holidays you would still need a letter from employer. It is a mandatory requirement for WP/Tier 2 holders.

Hi Gagan, Would you be able to clarify if total holidays are less than 180 days in 5 years and none of them are more than 90 days in a stretch will still a letter be required from the employer for a WP - Tier 2 ICT? Although i will be pleased to hear not required but it is required then can a personal letter will help instead of employer letter for annual holidays.

Though the absences are not more than 180 days you would still need a letter from employer stating all the absences were paid authorised annual leave

[technoguy]

But i was out of country on Holidays and i get paid since these holidays are part of my annual + over time work holidays.

Yes though they were holidays you would still need a letter from employer. It is a mandatory requirement for WP/Tier 2 holders.

Hi Gagan, Would you be able to clarify if total holidays are less than 180 days in 5 years and none of them are more than 90 days in a stretch will still a letter be required from the employer for a WP - Tier 2 ICT? Although i will be pleased to hear not required but it is required then can a personal letter will help instead of employer letter for annual holidays.

Though the absences are not more than 180 days you would still need a letter from employer stating all the absences were paid authorised annual leave

Thanks for your reply. But one of the absent was for around 85 days in the second year was end of uk deputation. During this period although i had a valid WP but i was not paid in UK as i was sent to India. But i was paid india salary. I have used this period for marriage and mothers surgery. So in this case either i can get it as a business travel (For which i was not paid in uk) or get a personal letter or serious reason?