Continuous Period Clarification

[anandh79]

Hi,

I have travelled extensively during 2008. As per the rules, it says that we should not exceed 180 days in a 12 month consectuive period.

I am bit confused as the trips taken during the 12 months were not continuous. Or am i assuming wrong that only when you spend 180 days outside of the country continously then you are not eligible.

For eg., If i am away for 6 months in 2008, that would count continouous 180 days.

If i am away say Jan-Feb and then Apr-May and then Oct-Nov, which was not continuous, am i eligible to apply?


Also, what will happen if i was in unpaid leave during when I was in WP.

Regards
Anandh

[cs95tdg]

The guidance is not saying that your absences need to be continuous. If you read it carefully, you will see that whats mentioned is 12 consecutive month periods during your residence.

You will have 5 such periods in 5 years. Just calculate your absences within those periods to determine whether you meet the absence threshold mentioned. See page 9: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[anandh79]

Thanks cs95tdg

My other question would be, if the number of days is less than 180 for each of the continuous period of year, then is it still mandatory to list out the absences and annual leaves.

For eg., If i apply in August 2012, my absences for 2008 is 90 days which is not continuous. DO i need to get the proof for any annual leaves or employer letter for absences. I was in WP between 2008 and 2009.

I don't have a good relationship with the company as it was just umberlla company.

I am currently on Tier1.

[cs95tdg]

My other question would be, if the number of days is less than 180 for each of the continuous period of year, then is it still mandatory to list out the absences and annual leaves.

For eg., If i apply in August 2012, my absences for 2008 is 90 days which is not continuous. DO i need to get the proof for any annual leaves or employer letter for absences. I was in WP between 2008 and 2009.

You do need to list each individual absence irrespective of how many days you were absent. There is a section in the SET(O) form for this, you can list them there or in a seperate sheet if the space provided is insufficient.

No employer letter or evidence is required for annual leave or business related absences you had while here as a Tier 1 Migrant.

When it comes to absences while on a employer sponsored visa such as a WP, the official UKBA stance is that you should submit an employer letter to confirm these. But if you read the many experiences on this forum you will see that this has not been requested in all cases.

I was in a similar situation, so was prepared with an employer letter, but never had to submit it, as it was not requested on the day. If you are unable to get a letter, you may want to take a letter/contract you have from your WP employer which confirms the number of annual leave you were entitled to, just to show in the event the case worker asks the question. IMO, I doubt it will cause a problem as your total number of absences are not excessive.

[anandh79]

Hi,

Thanks!

If i mention that those period were unpaid leave and that i went for india due to personal reasons or marriage etc., will they still be requiring employer letter.

What does UKBA says about unpaid leave during WP.

Also, the rules say that no evidence required for pple applying under Tier 1 category, it does not spefically say that during your WP in a 5 year term, you need to provide employer letter. How can anybody go back to their old employer asking for letter during business trips.