What qualifies as absence?

[db_23]

Hi,
While applying for an ILR under Tier1 General, what do they actually mean by 'absence(s)'?
Someone told me that absences mean all the foreign trips during last 5 years, even if they are say 2 weeks each and a total of say 5 such trips. Does something like this count absence from UK?
Or does absence from UK (and for which evidence needs to be provided) mean 181+ continuous(or total) days spent outside the UK in the preceding 12 months of applying ILR?

So, if I have been on holiday to say, South Africa for 3 weeks in last 12 months, does it qualify as an 'absence'? and thereby the need to provide evidence(employers letter)?

Thank You

[Kevin24]

Hi,
While applying for an ILR under Tier1 General, what do they actually mean by 'absence(s)'?
Someone told me that absences mean all the foreign trips during last 5 years, even if they are say 2 weeks each and a total of say 5 such trips. Does something like this count absence from UK?
Or does absence from UK (and for which evidence needs to be provided) mean 181+ continuous(or total) days spent outside the UK in the preceding 12 months of applying ILR?

So, if I have been on holiday to say, South Africa for 3 weeks in last 12 months, does it qualify as an 'absence'? and thereby the need to provide evidence(employers letter)?

Thank You

Absences means your absences from the Uk. It could be work related/annual holidays/due to compelling reasons. For workrelated/annual leave absences your Employer has to give a letter listing out your absences,that they were authorized absences. For Compelling reasons ( Death/Medical) you have to write a Note/letter explaining the reasons for your absence.. Also you have to provide supporting evidence like Death Certificates/Hospital Letters.

[db_23]

Thank you very much for that.
But I think your explanation is slightly tilted towards the English language meaning of 'absence' rather than legal explantion.

from UKBA website(Part 6A rules), says :-

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

From the above what I understand is if you are out of UK for 180 or less days you are still legally not absent.
I might be completely wrong and thats what I am trying to find.

[Kevin24]

Thank you very much for that.
But I think your explanation is slightly tilted towards the English language meaning of 'absence' rather than legal explantion.

from UKBA website(Part 6A rules), says :-

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

From the above what I understand is if you are out of UK for 180 or less days you are still legally not absent.
I might be completely wrong and thats what I am trying to find.

Please read the SET O form 04/13, the requirements for ILR. Also what documents you require, to prove your absences. That's what I did for My ILR.

[db_23]

Ok. agreed.
What can count as an evidence in case such an short absence is in between jobs? and what if for whatever reasons a previous company declines to provide such a letter?

[Kevin24]

Ok. agreed.
What can count as an evidence in case such an short absence is in between jobs? and what if for whatever reasons a previous company declines to provide such a letter?

In between jobs if it is a short absence,you could write a personal note giving the reasons. If your previous employer is declining to provide a letter,you could provide Payslips, corresponding Bank Statements,P60s ,Employment Contract.as a proof that you worked for that Employer. In the first instance if you would have explained your problem,then I would have answered your query much earlier.