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Hello

I have got the HSMP in Nov 2007 and my ILR is due now as I have passed the 5 years on Tier 1 Visa, but I have absences more than 180 days in this 5 years time , however no single absence exceeds 90 days.

I have total 249 days absences , but out of which 114 absence days are my annual paid leave absences and 54 absences are my paid sick leave absence when I went for back ache treatment.

Please advise now should I subtract these 114 days absence from 249 days or the total 249 days absences will be counted ,

Also Can I subtract my 54 sick leave absence as well ?

Any advice will be much appreciated.

New rules coming out on 13/12/12 would give a better idea of how to present your absence situation on your ILR application.

Thanks for your reply.
I need more views please.

ameets123 wrote:Thanks for your reply.
I need more views please.

What good are more views which are based on rules that will be obsolete in a week or so anyway?

ameets123 wrote:Hello

I have got the HSMP in Nov 2007 and my ILR is due now as I have passed the 5 years on Tier 1 Visa, but I have absences more than 180 days in this 5 years time , however no single absence exceeds 90 days.

I have total 249 days absences , but out of which 114 absence days are my annual paid leave absences and 54 absences are my paid sick leave absence when I went for back ache treatment.

Please advise now should I subtract these 114 days absence from 249 days or the total 249 days absences will be counted ,

Also Can I subtract my 54 sick leave absence as well ?
Any advice will be much appreciated.

i am on same boat but have applied,,nervous but see what happens.

http://www.immigrationboards.com/viewtopic.php?t=118865

Thanks dear. That releases some pressure on me.
So Do I need a letter from GP stating my sickness leave, Do they normally do this ? Please advise.

ameets123 wrote:Thanks dear. That releases some pressure on me.
So Do I need a letter from GP stating my sickness leave, Do they normally do this ? Please advise.

i made a mistake by applying myslef, consult some good consult, ur case is complicated like mine, GPs wording matters a lot,,,,once again i advise you that dont apply urself, hire some good quality solicitor,,,,and keep posting me through private messages.

So according to the new rules , DO I still need to provide an evidence ( in the form of employer letter etc) of my sick leave in India, although it is a paid sick leave and I have salary slips and bank statements against those days.

Please advise.

Members,

I am on Tier 1 Gen Visa and have exceeded the 90 days absence in singles stretch. This was for Business Trip for Offshore Operations (105 days). Got Employer Letter also.Other than this in each year, i have no leaves extending more than 180 days.

Am I eligible to apply? Will my application gets rejected straight away?

Need your valuable inputs?

Your application is quite straightforward, work related absences are not counted.

ameets123 wrote:work related absences are not counted.

This is incorrect! Please read the FAQ, which has been updated to reflect the latest rule changes and also the latest UKBA policy guidance.

http://www.immigrationboards.com/viewtopic.php?t=79378

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hi cs95tdg,

I checked both the links. It does not talk about 90 day rule.

But in the form they asking whether you have stayed more than 3 months in a single stretch or overall absence crossing 180 days in 5 months period.

Please can u guide me on this subject

SriGan wrote:Hi cs95tdg,

I checked both the links. It does not talk about 90 day rule.

But in the form they asking whether you have stayed more than 3 months in a single stretch or overall absence crossing 180 days in 5 months period.

Please can u guide me on this subject

Yes, what you say is true; the form does still ask the question on whether you have any absences which were more than 3 months, but as far as I can tell that is no longer a requirement according to the latest immigration rules. What is stated is the 180 day annual absence threshold (counted back from the date you apply for ILR). I'm therefore not entirely sure what the purpose of the question in the SET(O) form is.

You may want to check the immigration rules for yourself to make sure & submit an enquiry to the UKBA to get clarification. Email address: SettlementOpsPolicy@homeoffice.gsi.gov.uk
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

I am in the UK under a work permit visa and am applying for ILR in January 2013. I have had absences from the UK of under ten days for mostly holiday. Do I need some documentation about that time? I've read many posts as well as the Guidelines, but the link to more information in the Guidelines is broken and I'm rather confused.

Thank you.

@reedjanet

As you are on WP, and though your absences are not too many. I would recommend that you still get a letter from your employer to be on the safer side as it won't do you any harm. You still have to state all paid absences too.