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Paternity leave abroad - How would it affect ILR 180 days

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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prasang
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Paternity leave abroad - How would it affect ILR 180 days

Post by prasang » Fri Feb 18, 2011 4:59 pm

Hi All

Before posting this I did spend hours looking for information on a similar topic but could not find an answer. I would appreciate if the forum members could help answer my querie:

I am on a 5 year work permit entered UK on 27 March 2006, I am due to apply for ILR week after, I checked my total days out while filling out form set O & realised that its coming to 191 (counting the days I flew in & out) spread over 7 trips to my home country. All of the above trips were on paid annual leave and on one of them I took paternity leave along with my annual leave making it 37 days on that trip. My wife was in my home country & we had not applied for her dependant visa then (year 2008), although my wife & my daughter are here with me now on a dependant visa. I would like to know whether the two weeks of paternity leave be accomodated when I make my application for ILR and also what supporting documents would I need to provide.

Thanks

geriatrix
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Post by geriatrix » Fri Feb 18, 2011 5:08 pm

1. Exclude date of departure and arrival from your calculations.
2. Given 7 round trips, this exclusion should reduce absences to 177, which is within the limit.

Use this template to get a letter from your employer to certify annual / paid leave(s).

Search the forum for list of supporting documents, there are numerous posts with this information.


regards

prasang
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Post by prasang » Fri Feb 18, 2011 5:18 pm

Thanks sushdmehta for a prompt reply, much appreciated. I did come across a post where the poster said that he was told by the case worker that they do count days that you fly in or out one of them. Can you please clarify.

geriatrix
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Post by geriatrix » Fri Feb 18, 2011 5:22 pm

The day you fly out, you are in the UK before you board the flight! The day you fly in, you are in UK when you land! So you cannot be considered to be "absent" from UK on these two days.

Only whole days outside the UK are to be taken into consideration when calculating absences.


regards

prasang
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Posts: 10
Joined: Wed Feb 16, 2011 4:34 pm

Post by prasang » Fri Feb 18, 2011 5:24 pm

Thank you very much for a prompt clarification. I will keep the forum updated about the outcome of my application. Thank you very much.

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