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Calculating the days outside UK - Technical query request

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Kumars1111
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Posts: 17
Joined: Tue May 06, 2014 11:24 pm

Calculating the days outside UK - Technical query request

Post by Kumars1111 » Tue Apr 14, 2015 2:48 pm

Hi All,

I had a query regarding the calculation and mention of days outside of UK.
If there is a case of just a weekend trip of some one flying put on Saturday morning and returning back to UK on Sunday night, then should this also be mentioned in the absence sheet ?
Since in a way I was technically present on both these days in the UK.

So should this trip be mentoned at all in the list of leaves being submitted along with the applicaiton ?

Best Regards,
Sudy

krishna6693
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Posts: 185
Joined: Mon Jun 29, 2009 6:21 am

Re: Calculating the days outside UK - Technical query reques

Post by krishna6693 » Tue Apr 14, 2015 2:50 pm

Pls report it as absence.

mnaeem126
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Re: Calculating the days outside UK - Technical query reques

Post by mnaeem126 » Wed Apr 15, 2015 12:19 am

it would not be counted as absence as home office clearly mentioned that if the applicant was present in UK on the date/day even for 1 hour, it would be counted in residence period, not in absence. One of my friend has confirmed it from home office customer service.

Kumars1111
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Posts: 17
Joined: Tue May 06, 2014 11:24 pm

Re: Calculating the days outside UK - Technical query reques

Post by Kumars1111 » Wed Apr 15, 2015 7:21 am

Thanks guys !
mnaeem126 - Do you suggest that I dont even mention it in the Absences self declaration letter then ?
Or may be just mention it saying 0 days in the Days absent from UK ?
How did your friend go about it ?
Any suggestions are welcome...

krishna6693
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Joined: Mon Jun 29, 2009 6:21 am

Re: Calculating the days outside UK - Technical query reques

Post by krishna6693 » Wed Apr 15, 2015 8:08 am

Pls refer page 20.
https://www.gov.uk/government/uploads/s ... eriods.pdf

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.

mr_mar
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Re: Calculating the days outside UK - Technical query reques

Post by mr_mar » Wed Apr 15, 2015 9:17 am

It counts as 2 days used from the 180.

krishna6693
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Posts: 185
Joined: Mon Jun 29, 2009 6:21 am

Re: Calculating the days outside UK - Technical query reques

Post by krishna6693 » Wed Apr 15, 2015 9:50 am

It may not be counted as 2 days absence but we should report that we were outside UK.

Pls refer pages 21-22 in the above link.

For the Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional talent) and highly skilled migrant (applying under appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, depending on the category, counted backwards from the date of application for indefinite leave to remain (ILR).

You must only count whole days as absences. Part day absences, for example, less than 24 hours,are not counted.

cs95tdg
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Location: London

Re: Calculating the days outside UK - Technical query reques

Post by cs95tdg » Wed Apr 15, 2015 10:12 am

List the date you left and returned, and the number of days away against that trip as 0 as you have mentioned below.
Kumars1111 wrote:mention it saying 0 days in the Days absent from UK ?.

Kumars1111
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Re: Calculating the days outside UK - Technical query reques

Post by Kumars1111 » Wed Apr 15, 2015 10:34 am

Thanks all !
I think this is what I will do Mention the Dates of Travel and say 0 outside in the 'Days outside' column. As also suggested by cs95tdg.
Thanks again !

mnaeem126
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Posts: 160
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Re: Calculating the days outside UK - Technical query reques

Post by mnaeem126 » Wed Apr 15, 2015 12:29 pm

It can never be counted as absence confirmed by Home office. Page 8 of 31 of the attached guidance https://www.gov.uk/government/uploads/s ... eriods.pdf says as When you calculate if an applicant has met the continuous period requirement, you must examine how many days absence from the UK they have accrued.
Even page 21 (Last line) of 31 of attached guidance clearly says that You must only count whole days as absences. Part day absences, for example, less than 24 hours,are not counted.

You can mention in the form when you left UK and when you re-entered but thos days can never be counted in absence and even case worker would not, I am dead sure or you can mention in the cover letter that you left UK on this date and cam back on next day.

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