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Unfortunately, I don't believe they'd offer any concessions where they don't need to. My belief, and I could be completely wrong, is that they scan every application for the smallest pretext on which they can throw it out. They may not see it as their job to be reasonable but just to apply existing rules.how reasonable are the case workers in Croydon
Vic, there should be absolutely no problem with this as long as you weren't out of the UK for longer than 90 days per year. If you took those 6 months in one go then you could be in for a bit of a problem.vic wrote:Has anyone had their ILR rejected purely for being out of UK for over 6 months during the last 5 years ?
VicThank you for your emails of 16 November, 17 November 10:17 and 10:20. I have responded below to your most recent email.
1. Prior to March 2006 when the qualifying period for ILR for work permit holders was 4 years, they were permitted short absences abroad provided that these absences did not exceed 3 months duration, and they did not amount to more than 6 months in all. In light of the recent increase in the qualifying period for ILR for Work Permit holders from 4 to 5 years, what is the total duration of absences abroad that are now allowed in this 5 year qualifying period?
A: The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all.
2. The current Annex F refers to the old 4 year qualifying period for ILR and has, obviously, not been updated in light of the recent change in the qualifying period earlier this year. What is the new Home Office formula for caseworkers for calculating the 'Five year continuous stay' requirement for eligibility for Settlement/ ILR for work permit holders ?
A: Please note that Annex F, Paragraph 3 - Calculation of the Four Year Period for settlement - whilst referring to the 4 year qualifying period is also currently applicable to the 5 year qualifying period.
Dawie wrote:Remember that it is the cumulative total of days absent per year that is important.
90 days per year gives you 450 days or 15 months to play with over a five year period. But that doesn't mean you can take 15 straight months off, you have to make sure that you don't exceed 90 days CUMULATIVE in any given year starting from your date of original entry.
vic wrote:
Has anyone had their ILR rejected purely for being out of UK for over 6 months during the last 5 years ?
Vic, there should be absolutely no problem with this as long as you weren't out of the UK for longer than 90 days per year. If you took those 6 months in one go then you could be in for a bit of a problem.
What I did when I applied for ILR was draw myself a timeline from the date I first entered to the UK until the date I intended to apply for ILR. I then marked off each year in intervals starting from the entry date. I then marked off each absence on this timeline and it was very easy to see whether or not the cumaltive absences for each year period exceed 90 days.
They're two separate (albeit related) criteria - 3 months maximum in any one year and 6 months maximum in total over the whole five-year period. It would be easily possible to fulfil one criterion but not the other, which is why both are important.vic wrote:Thanks Dawie,
i understand that u clearly have said upto 3 months per year should be fine but then why do IND keep stressing on the 6 month thing ?
its all a little bit confusing to me.
vic
Don't forget all the Landing Cards you fill in are filed away on your record and contains all such information. It is also recorded on IND Computers by data entry clerks. Don't underestimate the HO. They can be thorough and can be ignorant too sometimes.firstime wrote:Thank you all for the reply which is helpful.
I understand that in overall it is 6 months- even this is all business related and would it be ok?
May I ask how do the HO know how long you are away for? There is only one stamp when you come into the UK. Of course they will ask you in Heathrow Airport for how long you been away for, but i doubt if they will write it down? ( or they did ?)
Also do you need to submit all your old passports? Anyone have been to the one day service in any PEO would you mind to help??
Dawie:Dawie wrote:The truth of the matter is that the Home Office has no way of knowing when you left the country. They might be able to figure it out roughly by looking at your entry stamps from other countries but even this is not foolproof because not all countries stamp passports on entry, even for those requiring visas.