Absence > 180 days

[svisharma]

Hello experts,

I will be very thankful, if you could please assess my case:

I qualify all other criterias like:

* Continous employment with same company from past 5 years in UK.
* P60 of last 5 years are available

But my issue is continous stay. My absences in UK, if I apply on 31st January 2013 will be counted as follows

31/01/2008 30/01/2009 55
31/01/2009 30/01/2010 239
31/01/2010 30/01/2011 93
31/01/2011 30/01/2012 2
31/01/2012 30/01/2013 106

If instead of applying on 31st January 2013, I apply on 01st August 2013 then numbers will be like this:

01/08/2008 31/07/2009 138
01/08/2009 31/07/2010 172
01/08/2010 31/07/2011 88
01/08/2011 31/07/2012 21
01/08/2012 31/07/2013 86

This is because I have been out from UK (though on UK payroll) for a project in Japan for 207 days in 2009 (May-2009 to Nov-2009)

Do you think, I will qualify if I apply on 01st August 2013? or will they see 207 as one outlier and reject everything?

Thanks for helping me out.

Regards,
SharV

[sss123sss]

Hi,

As far as I see there is less risk if you consider 1st Aug 2008, but still you have to prepare reason for absences letter

[svisharma]

Hi, thanks for the reply. Company is ready to provide all the letters as required. I am trying to understand, what is the risk involved in this case.

Thanks


[quote="sss123sss"]Hi,

As far as I see there is less risk if you consider 1st Aug 2008, but still you have to prepare reason for absences letter[/quote]

[uksettlement]

Applying in August is the best solution. You are 100% safe.

If you are on tier1 then no employer letter is needed as per the rule. You can get one to be on safe side.

[svisharma]

Hi, thanks for the reply. I will apply in August-2013.

If anyone has encountered similar situation and already got the visa, then kindly post here. I am mainly interested in:

1. What are the documents you carried with you from the employer
2. What are the additional questions, case worker asked you
3. Did you apply on your own or hired a solicitor?

Any other tips will be helpful.

Thanks

Regards,
SharV

[svisharma]

Thanks everyone for the reply. I have received my PR now.

Regards,
SharV

[silent_warrior]

Thanks everyone for the reply. I have received my PR now.

Regards,
SharV

Can you share your experience. What documents you sent to UKBA to get qualified with your absence situation

[sujyo]

Can you share your experience please nad what all letters and documents u submitted.
Also abscence letter format and other formats if any.

[qhussain]

Hi All,

Although I have to wait till 2015 for my ILR but my case is very similar to discussion in this thread, So I thought, I can also discuss the same. sorry for being so eager.

My first entry to UK was on 25th-April-2009 but due to family issue, I left UK after 15 Days and come back after almost 13 months on 23rd-June-2010. I got a job offer and since the offer was in progress so I again left uk on 14th-July-2010 but back again(join my employer) on 23rd-Aug-2010 i.e after 39 days.

So ideally, I would be eligible for ILR on 23rd-June-2015 but if I consider 180 days rule and apply on 4th FEB 2015

04-FEB-2015 04-FEB -2014 < 30 days ( Paid Leave)
04-FEB -2014 04-FEB -2013 < 30 days ( Paid Leave)
04-FEB -2013 04-FEB -2012 < 30 days ( Paid Leave)
04-FEB -2012 04-FEB -2011 < 30 days ( Paid Leave)
04-FEB -2011 04-FEB -2010 178 days(Personal)

to me it seems OK but need expert advise please.

Regards,
Hussain

[ginger.garlic]

Hi All,

Although I have to wait till 2015 for my ILR but my case is very similar to discussion in this thread, So I thought, I can also discuss the same. sorry for being so eager.

My first entry to UK was on 25th-April-2009 but due to family issue, I left UK after 15 Days and come back after almost 13 months on 23rd-June-2010. I got a job offer and since the offer was in progress so I again left uk on 14th-July-2010 but back again(join my employer) on 23rd-Aug-2010 i.e after 39 days.

So ideally, I would be eligible for ILR on 23rd-June-2015 but if I consider 180 days rule and apply on 4th FEB 2015

04-FEB-2015 04-FEB -2014 < 30 days ( Paid Leave)
04-FEB -2014 04-FEB -2013 < 30 days ( Paid Leave)
04-FEB -2013 04-FEB -2012 < 30 days ( Paid Leave)
04-FEB -2012 04-FEB -2011 < 30 days ( Paid Leave)
04-FEB -2011 04-FEB -2010 178 days(Personal)

to me it seems OK but need expert advise please.

Regards,
Hussain

With new 180 days threshold I think you are absolutely fine. Try to get some evidences for 2011-2010 to make your case stronger.

[qhussain]

The doubt I have in ILR form:
6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.
Day Month Year

Shall I specify it as 25-April-2010? will UKBA would ask me about the 13th month gap(May 2010 - June 2011)?

OR Shall I specify it as 23-June-2010? will UKBA reject my application stating 'u r claming for period before the date application is based on i.e ( Feb 2010 - June 2010)?

[qhussain]

Hello Expert, Please advise.

[ginger.garlic]

Hello Expert, Please advise.

I think this will be you first entry date on Tier1(General) visa as your application is based on this visa.

I may be wrong... seniors & Gurus please advice.

[svisharma]

Sorry for late reply. I have submitted the following documents:

1. A letter explaining the number of days outside UK for each year.
2. Exact details of each absence on company letter head by company HR was provided.

Sorry, I don't have the soft copy of all the required documents as I got one Solicitor to work on my case from my company.

If there are any questions, please do let me know.

Regards,
SharV

[svisharma]

[quote="qhussain"]The doubt I have in ILR form:
6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.
Day Month Year

Shall I specify it as 25-April-2010? will UKBA would ask me about the 13th month gap(May 2010 - June 2011)?

OR Shall I specify it as 23-June-2010? will UKBA reject my application stating 'u r claming for period before the date application is based on i.e ( Feb 2010 - June 2010)?[/quote]

VS>> You should mention 25th April 2010 and then provide the reasons of your 13 month absence.