ILR - Continuous period for absence for more than 180 days

[dks100]

Hi,

I need help from your experience and expertise for my ILR eligibility. I have long absenteeism (Not continuous but with few breaks) where I am looking for your help and expertise. My Case as follows:

First Came to UK (WP) - Aug -06
Converted to T1 (General) Visa - Nov-2008 with extension in 2011

In one of the following thread in this forum, a reply from UKBA has been posted for long absenteeism. Many Thanks for posting this thread, It is really useful for understaning the policy.

http://www.immigrationboards.com/viewtopic.php?t=125765

Appreciate your help to clarify my understanding clear for the new policy / reply from UKBA for the following point.


1) My understanding is that one should not be away from UK for more than 180 days within any of the 5 year period (5 slots) calculated backward from date of application and no explanation/supporting document is required if the absenteeism is less than 180 days in any 12 consecutive months.

I have absenteeism of approx. 374 days over first two years (2008 -2009 and 2009 -2010) and the maximum continuous absenteeism is 105 days in one break (Continuously away from UK). I am planning to apply my ILR on the day so that my absenteeism should be less than 180 days in any of the spitted 12 months continuous period.

My absenteeism is because of few business visits, Family visit / family reunite, assignment to India. But majority of absenteeism are during my T1(G) visa period.

It is not possible for getting supporting document for my business visit or assignment back to India from my previous company but I understand it should be OK as per the reply in the above link. Please let me know your views.

Can you please validate my understanding and let me know your views and help me.


2) When I was trying to go through the page 9 of document 'calculating continuous period in UK' from the following link

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am not sure if I understand correctly from the example given the document, please correct me.

It appears to me the calculate period counts 2 days additional (overlap) between each continuous two years. For example, If some one absent for full Nov-11 month then as per the example in the document, some how I am getting 32 days of absenteeism in Nov 11 instead of 30 days, when going through following year splits:

Year 5 - 11 November 2012 to 10 November 2011
No of days absent in Nov-11 in year 5 - 21 days (10th Nov-11 to 30th Nov-11)

Year 4 - 11 November 2011 to 10 November 2010
No of days absent in Nov-11 in year 4 - 11 days (1st Nov-11 to 11th Nov-11)

It looks like two days 10th and 11th November is getting counted twice in this example, Appreciate your view and valuable opinion

It appears to me the days calculation will be OK (as it is counted backward) if the period is taken as below (Application date – 11 November 2012):

10 November 2012 to 11 November 2011
10 November 2011 to 11 November 2010

Also I will really appreciate if you could please let me know the UKBA mail id for enquiry about this policy as I could not find any mail id on the UKBA site except mail id for general enquiry.

Thanks for your help

Thanks

[db83]

Not enough info to help...
list ur absences mate year wise with visa status.
Someone can advice you then

[dks100]

Hi DB83,

Thank you for your reply. My details for breaks as below:

I tried to calculate my absentism but it whatever I do one of the year crosses 180 days,

Jun 2008 - 09 - 178 days
Jun 2009 - 10 - 193 days

These absentism involves business visit in germany for 3,2,3,3 and 7 days in June 2008 when I was in UK and another one 86 days US (May 09 - Aug 09) when I was in India but travelled through UK. Unfortunetly, I do not have any letter except business visa in the passport.

Please suggest me what to do. Another thing I went to india in Feb - Mar 2010 for 14 days when my sister met with an accident and was serious but when her condition started improving, I travelled back to UK but unfortunetly soon I reached UK, she passed away.

If I try to arrange some medical documents from the hospital. can this period be exempted. Also on the basis of business visa can the business visit be exempted on calculating the absent period.

Also can you suggest if the medical certificate date from hospital need to be within 3 months of application date OR the date does not matter here for its validity of medical certificate.

Thanks

[db83]

Hi dks

According to the UKBA guide, if you are applying on 15 March - then the 5 years are counted backwards as follows
15 Mar 2013 - 16 Mar 2012 = Absences less than 180 days
15 Mar 2012 - 16 Mar 2011 = Absences less than 180 days
...and so on

And you are allowed 180 absence outside the country in each of these years.

As far as I'm aware 180 days/year (when counted back) is the absolute number. However, according to the UKBA continuous guide, if there are compelling or compassionate reason (like your sister's death) - they might look into it. You need to have strong evidence (like medical certifiucate, death certificate etc)

If you were on Tier 1 or HSMP during your business trips and if the total number doesn't exceed by 180 days/year, then you need not furnish proof for that. However if you were on Tier 2/WP - then any absence during that period needs to be certified by the employer (even if it was a day outside the UK as annual leave).

There are loads of discussions regarding absence format from employer etc in this forum...I'd advice you to read them through to get a clear picture

Hope it helps...and all the best

[dks100]

Hi DB83,

Thanks for your reply. I did my days calculation and I found a perticular day when I apply then my absence will be exact 180 days in each of both years 2008-2009 and 2009-2010 on exempting the travel days for my sisters case.

Therefore, I wanted to be very sure of the date of application. Is there any e-mail id for UKBA so that I can enquire and get the written confirmation for calculating the years as you know the example in the policy counts double. I tried searching the e-mail on UKBA site but I did not get any.

I started with work permit and then changed to T1(G)

I had few days of business visit and Annual paid holiday when I was on work permit.

Also I have annual paid holiday in 2010 when I was on T1(G).

Page 10 of immigration rule talks about business visit and paid annual leave but not sure it is applicable to T1(G). Appreciate your thought here.

1) Do I need to provide letter from employer for my business visit and annual paid holiday when I was on Work Permit ?

2) If a letter is provided from employer then does the business visit and annual paid holiday can be disregarded as absence during work permit and T1(G) ?

3) My sister had different surname after her marriage then what document will help me to prove that she was my sister.

4) Do the Solihull PEO handles compelling or compassionate reason ?

5) I need PEO appointment with 3 dependents on exact date andit has to be 100% on required date as I can not miss the specif date due to nature of my case. In such situation how will I get the appointment when I trying a dry run since last one month and I have not been succes at all. Can some one suggest an alternative. Is it Ok to go through the solicitors but my problem is I do not know a good solicitor who get my case win, can any one suggest here.

Regards,

[db83]

SettlementOpsPolicy@homeoffice.gsi.gov.uk

Hope it helps

[dks100]

Hi DB68,

Thanks for your help. I sent my query to the same mail ID but this mail box is now closed. But the good thing is that with the mail box closure message they have also posted few helpful FAQ answers. One of the FAQ was regarding calculation of period and the answer was exactly in line with the same what you have replied me. Thanks for your contribution. I have posted few query and good if I can get help from forum member. I will separately post the FAQ what I received in email for the benefit of forum members.

Regards,

[db83]

My pleasure DKS...
It says the mail box is closed - but they do reply at times...
Keep your fingers crossed

[dks100]

Hi DB63,

Can you suggest me if Solihull will be safe place to apply for cases like mine ? I have heard sometime they do not handle complex cases. As per your knowledge what would be the best place to apply my case.

Regards,

[db83]

Unfortunately, I dont have an answer for that....read other in this forum where people have posted their experience at Solihull and check if they handle complicated cases

[sujyo]

Did you get your ILR

[geriatrix]

Yes