Please Advice on uk absence threshold

[sriram_raj81]

Hi all

I have read ukba guidelines and recent posts in here, but still confused with the uk absence for ILR application , under tier 1gen at the moment going to PEO in 2 wks time, I have got 235 days in total absence from uk with several trips , out of which 70 are unpaid annual leaves over 5 years,I am on payroll all those years.

1. Will there be any problem for crossing 180 days over 5 yrs?
2. Do I have to produce a letter from employer for all these annual leaves?

Dear experts/ senior members can you please clarify

Thanks

[wpilr_nov12]

build 5 yearly (12 month) windows backward from the date of your application. if your absence within any yearly window is more than 180, then something to worry about.

[cs95tdg]

1. From 13th Dec 12, the absence threshold is 180days during each consecutive 12 month period of your 5 year residency - counting backwards from your ILR application date. It's not a total of 180 days during the entire 5 years. So you will need to do the absence calculation for each 12 month period to determine whether you have met the absence requirement.
2. Whether or not an employer letter is required to confirm your annual leave & business related absences depends on the immigration category you will be applying for ILR under. You haven't mentioned this to be able to comment.

[sriram_raj81]

1. From 13th Dec 12, the absence threshold is 180days during each consecutive 12 month period of your 5 year residency - counting backwards from your ILR application date. It's not a total of 180 days during the entire 5 years. So you will need to do the absence calculation for each 12 month period to determine whether you have met the absence requirement.
2. Whether or not an employer letter is required to confirm your annual leave & business related absences depends on the immigration category you will be applying for ILR under. You haven't mentioned this to be able to comment.

Hi cs95tdg

I'm in on hsmp(2 yrs)+Tier 1gen(3 yrs) 5 yr category

Appreciate for your quick reply
Thanks

[cs95tdg]

1. From 13th Dec 12, the absence threshold is 180days during each consecutive 12 month period of your 5 year residency - counting backwards from your ILR application date. It's not a total of 180 days during the entire 5 years. So you will need to do the absence calculation for each 12 month period to determine whether you have met the absence requirement.
2. Whether or not an employer letter is required to confirm your annual leave & business related absences depends on the immigration category you will be applying for ILR under. You haven't mentioned this to be able to comment.

Hi cs95tdg

I'm in on hsmp(2 yrs)+Tier 1gen(3 yrs) 5 yr category

Appreciate for your quick reply
Thanks

In that case you do not require an employer letter to confirm your annual leave or business related absences. But if you have any absences that are due to serious or compelling compassionate reasons then you will need a personal letter and supporting evidence.

[sriram_raj81]

thanks guys that was really helpful

[appsmaje]

Thanks, I am also on same scenario 2 yrs hsmp + 3 yrs tier 1 (general).
Was confused about whether I need a letter for all my annual leaves from my employer with the way it is paragraphed in the "Indefinite leave to remain – calculating continuous period in UK" document.

My business trips and annual leaves do not exceed 180 days in any of the 5 year periods.

Just want to be sure again that my understanding is correct - I don't need letter from employer.

Thanks. much appreciated!

[SU2012]

Sriram_raj1, When are you going for PEO please? Kindly keep us posted after your PEO.

I am also in the same situation. However, my condition is WP (1 Yr) + Tier 1 General (4 Yrs)

I have total 187 days outside UK. 80 days paid in UK and 107 days unpaid (107 days were paid in India)

What should I answer 6.2,6.3 and 7.11 in the application form. I have made 8 trips outside UK mostly to meet family and attend weddings. Only 1 trip of 84 days was made to work at offshore. Since the total no of days crosses 180, should i explain each and every leave with proof ?

Experts please help. I cant get an employer letter for those 84 days, so i am worried sick if i will get ILR or not. I would be very grateful for any response.