ILR Longer absence of 221 days - Continuous stay broken? -

[aj80]

Dear All,

I am planning to submit my ILR application but have 221 days UK absence spread between 2009 and 2010. Refering to "ILR calculating continuous period in UK guidance document (v10.0)" - "Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken", I see an opportunity that my application may be successful as my 5 years continuous stay requirement is not broken.
I should be able to provide documents from employer to state the absence were due to employment reasons.

Sharing my visa and absence details. Kindly provide useful information that may make my ILR application brigter. Thanks.

Visa details:

I am living in UK from Feb 2007, entered UK on work permit. Later in Apr 2009 switched as Tier 1 (General) migrant applying within UK.
In Apr 2012 extended Tier 1 (General) for further 2 years applying within UK. Visa is valid till Apr 2014.

Absence details:

Year 1 16-Nov-12 15-Nov-13

Absence 21-Dec-12 06-Jan-13 ; Days - 16; Paid vacation

Absence 18-Jan-13 21-Jan-13 ; Days - 3; Paid vacation

Absence 22-May-13 10-Jun-13 ; Days -19; Paid vacation

Year 2 16-Nov-11 15-Nov-12

Absence 21-Nov-11 28-Nov-11; Days - 7; Paid vacation
Absence 03-Jan-12 16-Jan-12;; Days - 13; Paid vacation

Year 3 16-Nov-10 15-Nov-11

Absence 17-Apr-11 25-Apr-11; Days - 8; Paid vacation
Absence 15-May-11 07-Jun-11; Days - 23; Paid vacation

Year 4 16-Nov-09 15-Nov-10

Absence 16-Nov-09 13-Feb-10; Days - 89; This is second part of my longer absence ( 221 days). Salary paid by same employer - India payrol
Absence 21-Mar-10 16-May-10; Days - 56; This was a personal trip away from UK
Absence 04-Sep-10 22-Sep-10; Days - 18; Paid vacation

Year 5 16-Nov-08 15-Nov-09

Absence 13-Apr-09 26-Apr-09; Days - 13; Paid vacation
Absence 08-Jul-09 15-Nov-09; Days - 130; This is first part of my longer absence ( 221 days). Salary paid by same employer - UK payrol

1- Any successful applicants please share documents that helped your application.
2- Do I need to provide letter from employer for paid annual vacation as well? (like 10-20 days)
3- Also I am planning to submit by post considering the cost. Does in person service provide more opportunity to justify absence?

[aj80]

Hi,
Kindly assist on my ILR application. Your feedback and valuable inputs will be much appreciated. Thanks.

[jcb12345]

Hi aj80, I am in a similar situation, i was away from UK for around 9 months (Jul-2009 to Mar-2010), - waiting feedback from Gurus here.

Lets hope someone with similar case would share their experience !

[Manka10]

as long as your absences can be broken apart so they dont exceed 180 days in a year then you should be fine

[aj80]

Thanks Manka.

Hi jcb12345 - As Manka said provided your long absence is broken apart between 12 consecutive months, you should be fine. In addtion (important point) "applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid (for example Tier 1 visa), provided the absence(s) do not exceed 180 days in a relevant 12 month period"

If you had re-entered with new entry clearance beyond 28 days of UK absence than your 5 years continuous period is termed to be broken.

This is what I have understood from ILR Calculating Continuous pdf doc. (This link is available in SET(O) Application form.

Gurus - Kindly correct me if I am wrong

[neti]

hi aj80,

you should be okay,

please break your stay in less than 180 days in each 12 month period, calculated based on date of application as specified in 'calculating-contineous-stay' PDF from home office

with cover letter and may be employer letter of absence, i think it should be no issue (provided all other things are good)


regards,
neti

[aj80]

Hi All,

I am glad to share this good news that I have been granted ILR. Thanks a lot to all for sharing your knowledge on my query posted on this forum. It really helped in moving my application in right direction.

Current absence rule in place for ILR is quite clear and allows absence of 180 days in a year ( not in full 5 years = 180 days) on work grounds.

Regarding my application - went for same day appointment with family (2 dependents) to Croydon. Just prepare a word document with absences dates, number of days and reason in a table as a reference for case worker.

[Bobthemoggie]

Hi aj80,

Hearty Congrats!

I am also in bit similar situation.

Kindly let me know- for your longer absence did you provided employer letter? or gave any personal letter for it?

Please clarify.

Thanks

[MK123]

Congrats aj80. Please share if you submitted a letter from the employer or a personal cover letter for the absences? Thanks.

[aj80]

Hi All,

Sorry for delay in response. Please use below link for UK absence template document. This is just a reference



(Note: This link may not open if you are trying from office network if there are restriction to access google drive)

Regarding letter from employer, please make sure it covers from and to date of employment, any work related absences and vacations (if possible)

[vijaygoturu]

Hi AJ,

First Congrats for your ILR, My Case also similar to yours,
Can you send me a PM

**edited by Moderator.

[CR001]

Hi AJ,

First Congrats for your ILR, My Case also similar to yours,

Please remove your personal information, this is a public and open forum. Utilise the private message facility on the forum for more detailed discussion.

[praveeny]

Hello

Big congratulations on your ILR.

I have a similar problem with a absence of 290 days from August'09 to June'10. could you please let me know the format of the Employee letter for this absence and also how should i explain the reason on the covering letter.

The link to the googledrive you have given doesnt seem to work and am not able to send a private messages.

Your response would be of great help to me

Thank you