Unpaid leaves within 180 days per year?

[wanna_bee]

Hi All,

I was re-reading the confusing new ILR rules again and something caught my attention, this is regarding the 180 days per year rule. From the ilr-calculating-continuous.pdf document:-

on page 10:-
Absences must be for a reason that is consistent with the original purpose of entry to the UK or for a serious or ....

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. .....


In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only.....


Now, I may have got this wrong but the "absences" described in the above paragraphs refer to the leaves within the allowed 180 days per year, right? If this is right then what about the unpaid leaves taken which are less than 180 days ? For a Tier-1 General migrant do the unpaid leaves come under "....absences must be for reasons connected with the applicant’s purpose for being in the UK or..." ?

Let me explain my personal situation: I'm on a Tier-1 General visa. I'm about to apply for a ILR next month. I have not taken any leaves more than 180 days in any of the five consecutive 12 month periods before this. I'm within my allowed limits. However, few months back I lost my job. Since the job market goes down in December, I went back to my home country for 80 days and have just returned to UK. Will these 80 days "unpaid leaves" affect my ILR application? Do I have to provide evidence for these leaves?

I'm sure a lot of people are in a similar situation. Say, what happens when you take time off between two jobs? or similar. How do you explain this?

I would be most grateful if someone could clarify this for me. Please help.

Regards,
wanna_bee.

[uksettlement]

No you still qualify for ILR and also you do not have to submit any proof.

[wanna_bee]

Thanks Sohel !

[rajrohitraj]

Hi All,

I have gone through all guide line documents and need further assistance to fulfill ILR continuous residence requirement with 180 days outside UK restriction.

I will be eligible for settle in UK within few months and have been out of country for continuous 149 days (From 2nd of February to 1st of July) in year 2010 while away to visit my family. I went to my home country on 2nd of February 2010 with planned returning on 10th of March. But I had fallen in "Jaundice" and could not come over until end of June. I had flown back to UK on 1st July as soon as I got confirmation from my doctor for full recovery. I had lost my job for my extended absence and these are considered as unpaid leaves.

Will it count as continuous residence in account of last 5 years and considered the duration outside the UK for up to 180 days in any 12 months during that time? Do I need to request a medical certificate from the hospital/doctor where I had treatment or will it be OK to provide a self-explained letter from my end?

I would really appreciate if you could advise me with some information.

Regards,
Rohit Raj