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Days out of UK

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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nitinkumar
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Posts: 21
Joined: Sat Feb 12, 2011 4:03 pm

Days out of UK

Post by nitinkumar » Sun Feb 20, 2011 8:04 pm

I have been out of UK for 192 days in the last 5 years....Will I be able to get ILR or will I be denied?

I am on Tier 1 extension( 3 years) at the moment. Will I have to extend the tier 1?

Thanks

bani
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Posts: 796
Joined: Thu Oct 28, 2004 10:01 am
Location: UK
Contact:

Re: Days out of UK

Post by bani » Sun Feb 20, 2011 10:16 pm

nitinkumar wrote:I have been out of UK for 192 days in the last 5 years....Will I be able to get ILR or will I be denied?

I am on Tier 1 extension( 3 years) at the moment. Will I have to extend the tier 1?

Thanks
depends what kind of trips they were (business trips, personal trips associated with paid leave, or coinciding with gaps in employment?). so more info, like the number of days of each kind of trip, is needed.

eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Re: Days out of UK

Post by eager2learn » Mon Feb 21, 2011 1:30 pm

bani wrote:
nitinkumar wrote:I have been out of UK for 192 days in the last 5 years....Will I be able to get ILR or will I be denied?

I am on Tier 1 extension( 3 years) at the moment. Will I have to extend the tier 1?

Thanks
depends what kind of trips they were (business trips, personal trips associated with paid leave, or coinciding with gaps in employment?). so more info, like the number of days of each kind of trip, is needed.
so all business trips and personal trips with paid leaves(vacations), have to be listed as well? i thought we only need to list the unpaid trips.

nitinkumar
Newly Registered
Posts: 21
Joined: Sat Feb 12, 2011 4:03 pm

Post by nitinkumar » Mon Feb 21, 2011 6:44 pm

The maximum length of stay outside UK at a single stretch is 24 days. All the days outside UK are part of the annual leave allowances and I have been in continuous empployment for last 5 years

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Days out of UK

Post by xyz123 » Mon Feb 21, 2011 7:26 pm

eager2learn wrote:
bani wrote:
nitinkumar wrote:I have been out of UK for 192 days in the last 5 years....Will I be able to get ILR or will I be denied?

I am on Tier 1 extension( 3 years) at the moment. Will I have to extend the tier 1?

Thanks
depends what kind of trips they were (business trips, personal trips associated with paid leave, or coinciding with gaps in employment?). so more info, like the number of days of each kind of trip, is needed.
so all business trips and personal trips with paid leaves(vacations), have to be listed as well? i thought we only need to list the unpaid trips.
yes everything must be listed in the form. If total absence is under 180 days total, you are ok. If it is above 180, case worker may use descretion and discard paid absences (paid leave and business trips)

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Mon Feb 21, 2011 7:28 pm

nitinkumar wrote:The maximum length of stay outside UK at a single stretch is 24 days. All the days outside UK are part of the annual leave allowances and I have been in continuous empployment for last 5 years
Get a letter from your employer confirming employment and listing all absences as paid leave / business trip. There is a template in one of the sticky posts at the top of the forum.

eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Re: Days out of UK

Post by eager2learn » Tue Feb 22, 2011 12:17 am

xyz123 wrote:
eager2learn wrote:
bani wrote:
nitinkumar wrote:I have been out of UK for 192 days in the last 5 years....Will I be able to get ILR or will I be denied?

I am on Tier 1 extension( 3 years) at the moment. Will I have to extend the tier 1?

Thanks
depends what kind of trips they were (business trips, personal trips associated with paid leave, or coinciding with gaps in employment?). so more info, like the number of days of each kind of trip, is needed.
so all business trips and personal trips with paid leaves(vacations), have to be listed as well? i thought we only need to list the unpaid trips.
yes everything must be listed in the form. If total absence is under 180 days total, you are ok. If it is above 180, case worker may use descretion and discard paid absences (paid leave and business trips)
My total absences can atmost be like 60 days in total and they are all paid. however, I had two previous employers and it is impossible for me now to extract letters from them saying this and that were paid leaves. Are the stamps on my passport enough to prove that? I have another problem, I was in usa for a business visit for 7 days, however to my horor now I see that there is no return stamp there(it says when i entered usa but not when i came back to uk).

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Days out of UK

Post by xyz123 » Tue Feb 22, 2011 11:34 am

eager2learn wrote:
xyz123 wrote:
eager2learn wrote:
bani wrote:
depends what kind of trips they were (business trips, personal trips associated with paid leave, or coinciding with gaps in employment?). so more info, like the number of days of each kind of trip, is needed.
so all business trips and personal trips with paid leaves(vacations), have to be listed as well? i thought we only need to list the unpaid trips.
yes everything must be listed in the form. If total absence is under 180 days total, you are ok. If it is above 180, case worker may use descretion and discard paid absences (paid leave and business trips)
My total absences can atmost be like 60 days in total and they are all paid. however, I had two previous employers and it is impossible for me now to extract letters from them saying this and that were paid leaves. Are the stamps on my passport enough to prove that? I have another problem, I was in usa for a business visit for 7 days, however to my horor now I see that there is no return stamp there(it says when i entered usa but not when i came back to uk).
if its only 60 days it should be ok.

it depends on your luck whether caseworker decides to go through the passport and look for all stamps. there is no logical justification of not having a stamp while returning form UK./ everyone has to go through immigration control (unless the journey involved coming from Ireland where there may be a problem if traveller chooses wrong route, if that's the case, search this forum for details)

eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Re: Days out of UK

Post by eager2learn » Tue Feb 22, 2011 12:35 pm

Hi xyz123,

how will my employer know when I am out of the country or not? Sure they can confirm business visits, but they have no way to know if during vacation I was in UK or not. I can get letter from my current employer on business visits, but I had 2 previous employers and had a few business visits as well as vacations to my native country under them as well. But I think it will be very hard to confirm from them now what were my vacation days 2-3 years ago.

I am applying next month. What do you think I should do?

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Days out of UK

Post by xyz123 » Tue Feb 22, 2011 6:44 pm

eager2learn wrote:Hi xyz123,

how will my employer know when I am out of the country or not? Sure they can confirm business visits, but they have no way to know if during vacation I was in UK or not. I can get letter from my current employer on business visits, but I had 2 previous employers and had a few business visits as well as vacations to my native country under them as well. But I think it will be very hard to confirm from them now what were my vacation days 2-3 years ago.

I am applying next month. What do you think I should do?
it depends on your relationship with your employer. They may not know you were out of country but they will know when you have taken paid leave.

it becomes easier if employer can confirm absences. if not you should be ready with all relevant payslips to show that absences were paid leave (if asked by case worker)

if you absences are less than 180 then dont worry. if over 180 then you will need additional evidence

Natita
Junior Member
Posts: 77
Joined: Fri Oct 22, 2010 8:00 am
Location: Reading

Re: Days out of UK

Post by Natita » Wed Feb 23, 2011 4:28 am

eager2learn wrote:Hi xyz123,

how will my employer know when I am out of the country or not? Sure they can confirm business visits, but they have no way to know if during vacation I was in UK or not. I can get letter from my current employer on business visits, but I had 2 previous employers and had a few business visits as well as vacations to my native country under them as well. But I think it will be very hard to confirm from them now what were my vacation days 2-3 years ago.

I am applying next month. What do you think I should do?
Your employer wouldn't know where you were during your absences but they should have a record and confirm whether you were paid during those periods or not. So, you give employer the list of dates you were abroad and received payment, and they issue a letter to confirm.

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