ILR Eligibility and No. Of Days Away - Confused!

[girish]

Dear Friends,
I was wondering if somebody could throw light on the ILR and provide useful links on no. of days we can be away in a 5 year period and also in 1 year continuous period.

1. I was away for about 140 days away outside UK in 2008-2009
2. The total absence in the 5 year period is 266 days

3. Do i need to provide employer letter as to why i was away for 140 days- This was because my company had sent me to offshore (called cooling period) and my project in UK was completed
4. Can i apply for ILR with my above absences ?
5. Could somebody please provide references to useful links that would provide clarity on the ILR absence days

Thanks
Girish

[uksettlement]

This link should help answer all your queries...

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

[girish]

Many Thanks for quick reply.

I went through the link and page-9 in the pdf states "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). "

Does that mean in a continuous 5 year period max.180 days are allowed to be stayed away from UK. ; which means i wont be eligible ?

[db83]

This is what it means...

For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1
11 November 2012 to 10 November 2011 < 180 days absence

Year 2
11 November 2011 to 10 November 2010 < 180 days absence

Year 3
11 November 2010 to 10 November 2009 < 180 days absence

Year 4
11 November 2009 to 10 November 2008 < 180 days absence

Year 5
11 November 2008 to 10 November 2007 < 180 days absence

If you were on WP in any of this 5 year period, you need to get a letter from employer certifying your absences even if they were annual leave
If you were on Tier 1, you dont need a proof for absence if its less than 180 days in a year

[girish]

Many Thanks db83.

So;in that case it looks like my case is clear and i do not have to show any proofs for the long absence. Also; i got swtiched to HSMP from WP in Jan 2008.

Could you please confirm ?

From To No. Days Away
02-Mar-08 03-Mar-09 139
02-Mar-09 03-Mar-10 42
02-Mar-10 03-Mar-11 32
02-Mar-11 03-Mar-12 30
02-Mar-12 03-Mar-13 23
-------
Total days away in 5 years 266

[uksettlement]

Could you please confirm ?

From To No. Days Away
02-Mar-08 03-Mar-09 139
02-Mar-09 03-Mar-10 42
02-Mar-10 03-Mar-11 32
02-Mar-11 03-Mar-12 30
02-Mar-12 03-Mar-13 23
-------

No proof is needed if you are on tier 1 General

[manisankarmani]

This is what it means...

For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1
11 November 2012 to 10 November 2011 < 180 days absence

Year 2
11 November 2011 to 10 November 2010 < 180 days absence

Year 3
11 November 2010 to 10 November 2009 < 180 days absence

Year 4
11 November 2009 to 10 November 2008 < 180 days absence

Year 5
11 November 2008 to 10 November 2007 < 180 days absence

If you were on WP in any of this 5 year period, you need to get a letter from employer certifying your absences even if they were annual leave
If you were on Tier 1, you dont need a proof for absence if its less than 180 days in a year

Hi db83,

If you were on WP in any of this 5 year period, you need to get a letter from employer certifying your absences even if they were annual leave

Can you please confirm if someone in Tier 2(ICT) in first 1year and went for 1 month holiday ( unpaid ), does that mean it will not be possible to include that time in your 5 year period?

To support economic activity, that years P60 and Bank Statement proves that there was payment in those month ( though not fully as it was unpaid ) coming from the employer.

The employer is a typical foreign ( India ) employer and asking them anything being an ex. employee is just impossible to pursue.


Thanks,

[cs95tdg]

If you were on WP in any of this 5 year period, you need to get a letter from employer certifying your absences even if they were annual leave

Can you please confirm if someone in Tier 2(ICT) in first 1year and went for 1 month holiday ( unpaid ), does that mean it will not be possible to include that time in your 5 year period?

To support economic activity, that years P60 and Bank Statement proves that there was payment in those month ( though not fully as it was unpaid ) coming from the employer.

The employer is a typical foreign ( India ) employer and asking them anything being an ex. employee is just impossible to pursue.

You may find the following topic useful to understand how much unpaid leave you allowed to take as a employer sponsored migrant. http://www.immigrationboards.com/viewtopic.php?p=784901

[manisankarmani]

If you were on WP in any of this 5 year period, you need to get a letter from employer certifying your absences even if they were annual leave

Can you please confirm if someone in Tier 2(ICT) in first 1year and went for 1 month holiday ( unpaid ), does that mean it will not be possible to include that time in your 5 year period?

To support economic activity, that years P60 and Bank Statement proves that there was payment in those month ( though not fully as it was unpaid ) coming from the employer.

The employer is a typical foreign ( India ) employer and asking them anything being an ex. employee is just impossible to pursue.

You may find the following topic useful to understand how much unpaid leave you allowed to take as a employer sponsored migrant. http://www.immigrationboards.com/viewtopic.php?p=784901

Thanks cs95tdg (Guru),

It reads that you are safe to have max 1 month leave and for me its appearing 28 days roughly. So, are you saying while filling up the form SET(O),

its safe to write UNPAID LEAVE for the period where I was not paid salary in UK. Will it keep the continuation of the 5 year clock?

Thanks once again to chip in.

[cs95tdg]

its safe to write UNPAID LEAVE for the period where I was not paid salary in UK. Will it keep the continuation of the 5 year clock?

I wouldn't list the reason as unpaid leave, as thats not the reason for the absence. Just state what you took that time off for - E.g. Holiday, Family visit etc...

That absence alone will not reset your ILR clock.

[manisankarmani]

its safe to write UNPAID LEAVE for the period where I was not paid salary in UK. Will it keep the continuation of the 5 year clock?

I wouldn't list the reason as unpaid leave, as thats not the reason for the absence. Just state what you took that time off for - E.g. Holiday, Family visit etc...

That absence alone will not reset your ILR clock.

Thanks again. Without supporting document, will it be a problem as I will not be able to submit any document to support this from my employer.