ILR abscence more than 180 days

[Haris2108]

Dear Friends

I came to UK on Tier 1 visa in March 2008 and worked as Perm employee with 2 different employers and got extended visa in March 2010 till March 2013.
My Tier 1 visa expires in March 2013 and I am eligible for ILR in Feb 2013.
However I have total of 397 abscences( 277 business- all paid in UK bank in pounds, 95 annual leave - all paid in UK bank in pounds and 25 unpaid leave - when I changed job). I have payslips and bank statements as proof paid in UK for all my business & annual absences.
I have letter from my former employer for business abscence in the following format.

Dear Sir / Madam

This is to confirm that Mr. XXXX was employed by Company’s Name in the UK as a full time and permanent employee. He was employed from Date to Date as a Job Title.

During his employment he worked from our XXXX Company India office performing XXXX Company related business activities as part of his professional duties. While abroad he was still on UK payroll and was paying NI and tax in the UK. His salary was deposited in his UK bank account.



Should you require any further information please feel free to contact this office on
<Employer Phone No>.



Yours faithfully


Do you think this letter is ok for my business abscences?
1.If I go for ILR in Croydon as PEO, any chances of success as there will senior case workers who can make decision? Or shall I go for FLR and later for ILR?

Kindly advise
Haris

[Lucapooka]

You need to examine the calendar retrospectively from the end of your qualifying residence period and define the five annual cycles. If you have not remained outside the UK for more than 180 days in any of the five cycles defined, you should meet the requirements for ILR.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[cs95tdg]

Please read the ILR FAQ sticky to begin. http://www.immigrationboards.com/viewtopic.php?t=79378

The immigration rules have changed since Dec 13th. There are significant changes around absences and what is required for different immigration categories.

[Haris2108]

I never stayed more than 90 days consecutively in any trip. I never stayed more than 180 days in any calendar year cycle. In the letter given by my former employer I have all dates mentioned in a table which are like 4 trips.

My questions would that letter be sufficient which is in the above format? Or do they ask for more detailed letter? I have payslips/bank statements as supporting evidence as well.

My worry is if for some reason if they delay my ILR decision and assuming in worst case if they deliver decision giving refusal for ILR after my Tier 1 visa expiry, I will not be even eligible to apply for Tier 1 extension. So should I go for FLR and then try for ILR?
Kindly advise

Thanks
Haris

[uksettlement]

As per the new rules you are perfectly safe. In any case you have a letter from your employer if they were to ask. The letter is perfect so don't worry.

Also, if unfortunately ILR was to be refused for any reason after expiry of your Tier1 General. You still will be given 28 days or so to make a fresh application or appeal against the decision. I would appeal if I was you.

In any case I would say maintaining a decent amount in your bank account is best practice as if the application is refused you and you don't want to appeal you can go for an extension which has a maintaineance clause.

[arifahmmed]

[quote="Lucapooka"]You need to examine the calendar retrospectively from the end of your qualifying residence period and define the five annual cycles. If you have not remained outside the UK for more than 180 days in any of the five cycles defined, you should meet the requirements for ILR.


Haris2108: Lets say you are applying on 15th Febryary 2013 then your five consecutive annual cycle/periods would be
Year 1 15th Febryary 2013 to 14th Febryary 2012
Year 2 15th Febryary 2012 to 14th Febryary 2011
Year 3 15th Febryary 2011 to 14th Febryary 2010
Year 4 15th Febryary 2010 to 14th Febryary 2009
Year 5 15th Febryary 2009 to 14th Febryary 2008

[Haris2108]

I checked and I was never more than 180 days away in a calendar year.

Do I need to have letter from employer for paid annual leave(90 days)? I have proofs of payslips/bank statements.

Is it ok to have unpaid leave( 25 days) without any job?

kindly advise

[arifahmmed]

As per my understanding from guidence you need a letter from your employer for those 90 days.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Where it says on page 11
Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.

For paid annual leave just get a letter stating that you have been paid in the UK for those leave days (give summary of days).

And other 25 days unpaid leave did you left UK?

[Haris2108]

I am on Tier 1

I have total 397 abscence
277 days absence - Business related - have letter from the employer and payslips/bank statements

97 days absence - Annual paid leave - have payslips/bank statements
23 days absence - unpaid vacation - as I was changing job, took holidays

My question is excluding business related abscences, I have 120 personal abscences of which 97 were paid and 23 unpaid and total personal abscence falls under 180. Do I need to provide employer letter for these absences as well? Please note that I am under Tier 1 General visa.

Thanks
Haris

[cs95tdg]

I am on Tier 1

I have total 397 abscence
277 days absence - Business related - have letter from the employer and payslips/bank statements

97 days absence - Annual paid leave - have payslips/bank statements
23 days absence - unpaid vacation - as I was changing job, took holidays

My question is excluding business related abscences, I have 120 personal abscences of which 97 were paid and 23 unpaid and total personal abscence falls under 180. Do I need to provide employer letter for these absences as well? Please note that I am under Tier 1 General visa.

Thanks
Haris

As a Tier 1 General Migrant applying for ILR, you don't need to provide a employer letter for any of the absences you have mentioned (i.e. according to the Dec 13th immigration rules). But as you already have an employer letter for your business absences, then there is no harm in taking that with you to provide, if requested by the case worker.

The only area that applies to you, which is not explicitly clear in the new rules, is how unpaid holidays will be considered, but based on several experiences (since Dec 2013) posted on this forum, it doesn't appear to have caused anyone a problem. I wouldn't mention the word "unpaid" when listing the reason for any absences on the form, as that isn't something that's required.

So long as you have met the 180 day annual absence threshold during your 5 year residency, you should be fine.