Calculation of continuous period of stay

[tier1_again]

Hi,
It seems there is a new guideline issued this year regarding the calculation of continuous period of stay.
https://www.gov.uk/government/publicati ... riod-in-uk

I am on tier1 general and this mentions that either I have to be on annual leave from my employer or have some compassionate ground on the basis of which they will consider any period of stay outside UK.

In 2011 I had resigned from my job in UK and had gone back to India to complete formalities and also take a break ( total period of absence from UK was 4 weeks) before joining my new company in UK ( I already had the job offer from my new employer before leaving UK).

Does anyone know if this will be considered as a break in continuous period or will this be treated as within the allowance for the period of time in a year that you are allowed to be out of UK?

Any response is highly appreciated.

Regards

[Amber]

So far as absences are less than 180 days per 12 month period, you should be ok.

[tier1_again]

Thanks Amber_. The recently published guidelines is the cause why I raised the question as it seems to indicate that for any period of leave outside UK needs to be explained either under annual leave or compassionate leave. In fact, they are asking for employer's confirmation for the period of annual leave in the guidelines.

[Amber]

I've not heard of requested evidence at PEO, such rules have been in place since the rule changed from 90 days to 180.

[prashanth.mamidi]

In the below document page 20 states,
https://www.gov.uk/government/uploads/s ... eriods.pdf

Is this changed recently or it's there for a very long time.
Is it mandate to provide a letter if we are away from the UK though we are under <180d rule.

Cheers
Prashanth

=========================================================
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, any paid annual leave which must be assessed on a case
by case basis and must be in line with the UK statutory annual leave entitlement.

Short visits outside the UK on weekends or other non-working days are consistent with the
basis of stay and do not break the continuity of leave. You must count such absences
towards the 180 day limit.

Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the UK, on
weekends or other non-working days have taken place, evidence from the employer must be
provided to confirm the applicant’s normal working pattern and show the absences occurred
during a non-working period. Tier 1 (General) applicants who are self-employed or in
business must provide a letter of explanation of their business-related absences.


However, time spent away from the UK for extended periods, particularly if the business no
longer exists, would not be allowed.
==================================================================

[tier1_again]

Hi Prashanth,
If you do a google you will fond that a guy had put in an official request to clarify the point.The response has been that supporting proof from the employer is needed...and if not possible then at least proof that one has attempted to get it is needed.

I know that they are not following these strictly but if they wished to they could enforce them in the near future

Regards