ILR absence - need experts opinion

[nischerry]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007.

My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

My question is will they consider the travel dates as absence from UK or not?
because if they consider then my absence will go to 91 days if they have not considered travel dates then it would become 90 days and i will eligible to apply for ILR. Please some one clarify me on this and let me know whether i will be eligible?

[tvn_ramesh]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007.

My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

My question is will they consider the travel dates as absence from UK or not?
because if they consider then my absence will go to 91 days if they have not considered travel dates then it would become 90 days and i will eligible to apply for ILR. Please some one clarify me on this and let me know whether i will be eligible?

I think travel days are not counted... i searched on this thread and found the below post.. pls read.. n do ur due deligence...

Some of the different things I have read on forums include:
* Personal leave is counted separately from business leave. You should get your company to write a letter for all business travel days.
* The day you leave and the day you return are not counted, Weekends and public holidays are counted
* Weekends and public holidays are not counted, the day you leave is not counted, but the day you return is counted if it is a business day
* The limit is 180 days
* The limit is 225 days
* The limit is 235 days
* No absence can be for greater than 90 days

When I emailed the Home Office on this question, I got a reply about a month later that said:



Thank you for your enquiry.

Caseworkers will look at any absences in the UK throughout the 5 year qualification period to see if the continuous residence rule is broken. It is normally deemed to be broken by absences of more than 90 consecutive days. However, they can use their discretion if the reason for this absence related to business trips. Additionally, they can also look at the total number of days absence from the UK if this is deemed to be unreasonable.

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

You can read the specific guidance at the above link.



Yours sincerely,

Miranda O'Neill
Immigration Group
UK Border Agency

[republique]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007.

My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

My question is will they consider the travel dates as absence from UK or not?
because if they consider then my absence will go to 91 days if they have not considered travel dates then it would become 90 days and i will eligible to apply for ILR. Please some one clarify me on this and let me know whether i will be eligible?

Do not double post