Absense more than 180 days - Employment or economic activity

[ilrlondon]

Hi Experts,
Please clarify my below point

I am in ICT old rules (EC 2008) working in same company during these period but absense was more than 180 days (around 210 days) in a year due to work related.

Suppose if I submit the employer letter with the reason of the absense is it fine (ILR 13 dec rules - absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional ?)

[Gagan1986]

If you could provide all the visa dates that will be helpful.

Maybe you will be able to spilt your absence across two years.

Being on Tier 2 ICT you would still need a letter from employer but splitting the absence will add more weightage to your case.

[ilrlondon]

Thanks,

If without splitting the days between the 2 years , need to apply ILR with employer letter is there any issue?

I am confused with the exceptional made in the rules even though UKBA asks for evidence if more than 180 days in a year.

[Gagan1986]

If your absence of 210 days is work related, then CW might reject and it is very unlikely your case will go through at PEO.

If you want to risk it with postal application you are more than welcome to do so

[ilrlondon]

Thanks,will wait

[db83]

Thanks,will wait

Were you getting paid in UK then ?

[cs95tdg]

Bear in mind that when applying for ILR under a employer sponsored immigration category, there are several requirements which are associated with absences but are none-the-less seperate in nature. Many applicants appear to confuse them:

1) Meeting the 180 day annual absence threshold counting back from your application date.
2) All annual leave and business related absences while employed under a employer sponsored immigration category must be confirmed by an employer letter, irrespective of the number of absences.
3) No discretion is applied if the absences exceed the allowed absence threshold, unless the absences were due to serious or compelling compassionate reasons. Therefore absences due to employment/business do not qualify for discretion.
4) Meeting the terms of your sponsorship. This is generally verified by the UKBA using your Employment History or P60's for that period. E.g. if you were not employed/paid in the UK during part of your WP/T2 LTR grant, you may not meet the terms of original sponsorship.
5) There are rules around how much unpaid leave is allowed when employed under an employer sponsored immigration category. See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
228. If the reduction in the migrant‟s salary is due to them taking a period of unpaid leave in excess of one month, other than for the reasons in paragraph 227 a) or 227 b), you cannot continue to sponsor them. If a sponsored migrant wishes to take a longer period of other unpaid leave, for example a sabbatical, you must stop sponsoring them and report this to us via your SMS account.