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Absence of 180 days Rule

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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Ramakoteswara
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Posts: 1
Joined: Tue Dec 20, 2011 10:06 pm
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Absence of 180 days Rule

Post by Ramakoteswara » Tue Dec 20, 2011 10:17 pm

Hi,

I came to UK on 7th Feb 2007 with HSMP and then converted to Tier1 when I extended my stay in 2008. I have total absences of 202 days till now. I am going to finish the 5 years of stay on 7th Feb 2012. I am working for the same company for the past 4 years. So, I have continuous emlpoyment during my absence from UK. Initially, when I entered in UK, I stayed for 36 days and went back to India. Ie. from 13th March 2007 to 29th April 2007. The following are the durations that I was absent from UK.

13 Mar 2007- 29th Apr 2007 - 46 Days
12 Dec 2007- 1 Jan 2008 - 20 Days
10 Aug 2008- 6 Sep 2008 - 25 Days
31 Jan 2009 - 24 Mar 2009 - 52 Days
31 Jan 2010 - 16 Feb 2010 - 16 Days
11 Dec 2010 - 23 Jan 2011 - 43 Days

Out of these absenses, 20 days are for my marriage in India and 14 days are of Paternity leave. My employer can give any letter if I request them. Please suggest me when will I be actually eligible to apply for ILR(to follow 180 day rule)?

Thanks
Ram

dehjet
Newbie
Posts: 49
Joined: Wed Mar 28, 2007 12:25 pm

Post by dehjet » Fri Dec 23, 2011 5:41 am

i wonder the answer for this too

rooney0511
Member
Posts: 227
Joined: Tue May 03, 2011 6:49 pm

Hi

Post by rooney0511 » Sat Dec 24, 2011 12:50 pm

If, i were you i would apply in april 2012, thereby bringing my absences below 180, rather than giving the unlikely chance to ukba to tell me i am over 180 days in the last 5 years stay.

jack902
Junior Member
Posts: 64
Joined: Sun Dec 25, 2011 9:15 pm
Location: London

323 days (190 paid holiday, 5 business, 128 Compassionate)

Post by jack902 » Sun Dec 25, 2011 10:11 pm

I am about to apply for my ILR (1.5 years on a work permit, 3.5 years on Tier 1 - with no break in between)

I have just prepared my schedule of days outside the UK:

323 Total

190 paid holidays (was employed during this entire period, obviously includes weekends)
5 days for work travel
128 days away in 2007 on compassionate leave

For the 128 days - my father was ill and passed away during this time. I had to return home to tend to him, organise funeral etc. I will be submitting the original death certificate as well)

I remained an employee of my company during this entire time and was given unpaid compassionate leave for these 128 days. When I returned to the UK, I immediately reported back to work. Also I continued paying the rent of my house during this time.

Do any of you believe my application could be refused? Any difference between applying by post or in person (Croydon would be closest office to me)

Thank you

jack902
Junior Member
Posts: 64
Joined: Sun Dec 25, 2011 9:15 pm
Location: London

Anybody in similar position or submitted similar application

Post by jack902 » Mon Feb 13, 2012 11:08 am

I am interested to hear views of other readers? Would they be comfortable in such an application?

I am going the PEO route - appointment confirmed in March 2012

the_ilr_boy
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Posts: 22
Joined: Mon Feb 13, 2012 6:54 pm

Post by the_ilr_boy » Mon Feb 13, 2012 7:18 pm

Hi jack902 - see my post here which is what I was told on the phone to UKBA today ...
http://www.immigrationboards.com/viewtopic.php?t=95691

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