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Hi there every one,

Yesterday my ILR is refused only on the basis , that we spent over 180 ( total 191 Days) 11 days extra because of my work related absence, as part of my job is to travel overseas, in one continuous year in 2008 I was out of UK for total 191 Days. I did provide a letter from my employer confirming that i was on work assignment and trip was fully paid with expenses. Irrespective of that they refused my application and didn’t give me a right of appeal as I still have 25 days left on my current visa. They told me to apply for a fresh extension for leave to remain under new point based system and to request my employer to get Sponsor ship licence. This all can’t be done in 23 days....I need some serious advise please help, I live here with my wife and two kids, my elder daughter is five and she is school going...I have a very limited time to re submit my case, I have forked out £2066 pounds on counter and I can see another £2500 going out of the window…I potentially want home office to a consider my previous application and grant me a leave And accept my work related absence as confirmed by my employer.

Thank for reading. I look forward for productive reply.
Many thanks.

akhtargee wrote:Hi there every one,

Yesterday my ILR is refused only on the basis , that we spent over 180 ( total 191 Days) 11 days extra because of my work related absence, as part of my job is to travel overseas, in one continuous year in 2008 I was out of UK for total 191 Days. I did provide a letter from my employer confirming that i was on work assignment and trip was fully paid with expenses. Irrespective of that they refused my application and didn’t give me a right of appeal as I still have 25 days left on my current visa. They told me to apply for a fresh extension for leave to remain under new point based system and to request my employer to get Sponsor ship licence. This all can’t be done in 23 days....I need some serious advise please help, I live here with my wife and two kids, my elder daughter is five and she is school going...I have a very limited time to re submit my case, I have forked out £2066 pounds on counter and I can see another £2500 going out of the window…I potentially want home office to a consider my previous application and grant me a leave And accept my work related absence as confirmed by my employer.

Thank for reading. I look forward for productive reply.
Many thanks.

It's difficult to give you a response without knowing more details. As per the rules absence more than 180 days won't be considered unless there was a compelling or compassionate reason. Also work related absence won't be considered as a compelling reason.

Also, as I don't know your dates of absence or your visa I cannot comment on the decision as you could have divided the absence of 191 days in 2 years in which case you might have needed a 2nd extension.

Also since you have valid leave to remain you do not qualify for an appeal the best option is to apply for extension for now.

uksettlement wrote:

akhtargee wrote:Hi there every one,

Yesterday my ILR is refused only on the basis , that we spent over 180 ( total 191 Days) 11 days extra because of my work related absence, as part of my job is to travel overseas, in one continuous year in 2008 I was out of UK for total 191 Days. I did provide a letter from my employer confirming that i was on work assignment and trip was fully paid with expenses. Irrespective of that they refused my application and didn’t give me a right of appeal as I still have 25 days left on my current visa. They told me to apply for a fresh extension for leave to remain under new point based system and to request my employer to get Sponsor ship licence. This all can’t be done in 23 days....I need some serious advise please help, I live here with my wife and two kids, my elder daughter is five and she is school going...I have a very limited time to re submit my case, I have forked out £2066 pounds on counter and I can see another £2500 going out of the window…I potentially want home office to a consider my previous application and grant me a leave And accept my work related absence as confirmed by my employer.

Thank for reading. I look forward for productive reply.
Many thanks.

It's difficult to give you a response without knowing more details. As per the rules absence more than 180 days won't be considered unless there was a compelling or compassionate reason. Also work related absence won't be considered as a compelling reason.

Also, as I don't know your dates of absence or your visa I cannot comment on the decision as you could have divided the absence of 191 days in 2 years in which case you might have needed a 2nd extension.

Also since you have valid leave to remain you do not qualify for an appeal the best option is to apply for extension for now.

As mentioned above you could have broken the absence into a 2 year period( depending on your dates of absence). Only option now is to apply for an extension. Out of interest what PEO did you apply with?

akhtargee wrote:Hi there every one,

Yesterday my ILR is refused only on the basis , that we spent over 180 ( total 191 Days) 11 days extra because of my work related absence, as part of my job is to travel overseas, in one continuous year in 2008 I was out of UK for total 191 Days. I did provide a letter from my employer confirming that i was on work assignment and trip was fully paid with expenses. Irrespective of that they refused my application and didn’t give me a right of appeal as I still have 25 days left on my current visa. They told me to apply for a fresh extension for leave to remain under new point based system and to request my employer to get Sponsor ship licence. This all can’t be done in 23 days....I need some serious advise please help, I live here with my wife and two kids, my elder daughter is five and she is school going...I have a very limited time to re submit my case, I have forked out £2066 pounds on counter and I can see another £2500 going out of the window…I potentially want home office to a consider my previous application and grant me a leave And accept my work related absence as confirmed by my employer.

Thank for reading. I look forward for productive reply.
Many thanks.

Sorry about your plight.Rather unfortunate. As advised why not apply for an Extensio,through a Good solicitor..

Thanks for reply.I was out of country from 1st August 2008 till 19th February 2009.that's 191 days.I was actually due to come back 1week before 180 days but I was diagnosed with stomach infection so I had to delay my trip.I am 11 days over.I may have to request the hospital to get a letter of them confirming my illness.I wasn't aware at the time that spending over 180 days can cause problem..

I went to croydon peo.

akhtargee wrote:I went to croydon peo.

At Croydon PEO,some CWs are like MI5 agents. They go through every thing in minute details. What a shame, if only you could have got the Hospital letter before your PEO appointment.

Very sorry to hear this. I'm in a similar situation and didn't take the risk of applying because of this new change in the rule. It's such a shame, not only for Croydon PEO but UKBA overall. People took assignments and business travels with companies after checking with UKBA about discretion for work related absences. Now they have suddenly changed the goal post and applied these new rules on people who completed 5 years under a different understanding and were ready to apply for ILR. Is there any way of challenging this?

Shame on UKBA. There is no harm in making or changing rules but their application should be SENSIBLE.

Sorry I'm not an expert to comment on what you should be doing next but because I'm in a similar situation, I can just offer my sympathies to you. Really feel sorry for you.

akhtargee wrote:Thanks for reply.I was out of country from 1st August 2008 till 19th February 2009.that's 191 days.I was actually due to come back 1week before 180 days but I was diagnosed with stomach infections a so I had to delay my trip.I am 11 days over.I may have to request the hospital to get a letter of them confirming my illness.I wasn't aware at the time that spending over 180 days can cause problem..

How did you present your case? I mean how did you show the dates of absences? You have to show absences from the date backwards at the time of application. E.g if you applied on 6th feb 2013:-

6/2/2013- 5/2/2012 = total absences in one year
6/02/2012-5/2/2011 = total a absences In one year
And so on for previous years so you could have broken your 191 day period over 2 years. Or your absence was all in one go?

Thanks for ur reply ,as I mentioned in my post that I spent continuous 191 from 1st august 2008 till 19th Feb 2009.

I didnt put my absence. In the case the way u have written.Instead
I write like this.
23rd July 2008. Till 28 August 2008....reason holiday trip
1st August 2008 till 19 Feb 2009.....reason...Company assignment.abroad
etc.

@akhtargee

Sorry to hear that. The rule says you shoudn't be outside the country for more than 180 days in any consecutive 12 month period starting from the time of your application...i.e. if you are applying on 10 feb

10 Feb 2013 - 11 Feb 2012 - Total absence should not be greater than 180
10 Feb 2012 - 11 Feb 2011 - Total absence should not be greater than 180
10 Feb 2011 - 11 Feb 2010 - Total absence should not be greater than 180
10 Feb 2010 - 11 Feb 2009 - Total absence should not be greater than 180
10 Feb 2009 - 11 Feb 2008 - Total absence should not be greater than 180

I wrote to UKBA regarding this and got an email confirmation that if there is a long absence greater than 180 days which falls under two different periods, it should be fine unless the total number of absences are not greater than 180 in any of those 5 year period I mentioned above. See sticky notes for the details.

Now if you do your Maths and if the total number of days outside the country is greater than 180 days in these last 5 years, then it might be a difficult one. If not, let me know your contact details and I'll email you the UKBA correspondence I received.

Hope it helps

db83 wrote:@akhtargee

Sorry to hear that. The rule says you shoudn't be outside the country for more than 180 days in any consecutive 12 month period starting from the time of your application...i.e. if you are applying on 10 feb

10 Feb 2013 - 11 Feb 2012 - Total absence should not be greater than 180
10 Feb 2012 - 11 Feb 2011 - Total absence should not be greater than 180
10 Feb 2011 - 11 Feb 2010 - Total absence should not be greater than 180
10 Feb 2010 - 11 Feb 2009 - Total absence should not be greater than 180
10 Feb 2009 - 11 Feb 2008 - Total absence should not be greater than 180

I wrote to UKBA regarding this and got an email confirmation that if there is a long absence greater than 180 days which falls under two different periods, it should be fine unless the total number of absences are not greater than 180 in any of those 5 year period I mentioned above. See sticky notes for the details.

Now if you do your Maths and if the total number of days outside the country is greater than 180 days in these last 5 years, then it might be a difficult one. If not, let me know your contact details and I'll email you the UKBA correspondence I received.

Hope it helps

Correct that's what I was trying to put across. If you put the absences properly, the absence is not more than 180 days in one consecutive year

in this forum,there are many expampls who got ILR for more 180 abensce but in your case problem is one go,,,,mean in one year ,,,,,better to ask any oisc advisory,,,have you applie on tier 1 basis or work permit etc?

akhtargee wrote:Hi there every one,

Yesterday my ILR is refused only on the basis , that we spent over 180 ( total 191 Days) 11 days extra because of my work related absence, as part of my job is to travel overseas, in one continuous year in 2008 I was out of UK for total 191 Days. I did provide a letter from my employer confirming that i was on work assignment and trip was fully paid with expenses. Irrespective of that they refused my application and didn’t give me a right of appeal as I still have 25 days left on my current visa. They told me to apply for a fresh extension for leave to remain under new point based system and to request my employer to get Sponsor ship licence. This all can’t be done in 23 days....I need some serious advise please help, I live here with my wife and two kids, my elder daughter is five and she is school going...I have a very limited time to re submit my case, I have forked out £2066 pounds on counter and I can see another £2500 going out of the window…I potentially want home office to a consider my previous application and grant me a leave And accept my work related absence as confirmed by my employer.

Thank for reading. I look forward for productive reply.
Many thanks.

jojybaba wrote:in this forum,there are many expampls who got ILR for more 180 abensce ...

The problem is that most of those examples are from pre-dec12 where rules on discretion were different.

As you mention below,,good advice,,,,,for all of us,,,,,but if 180 not in one year but in total five year,,if some one like me have 269 than what will be scenario?

is it one year no more 180 and how much maximum in total as sum of five years allowed or can be allowed?

db83 wrote:@akhtargee

Sorry to hear that. The rule says you shoudn't be outside the country for more than 180 days in any consecutive 12 month period starting from the time of your application...i.e. if you are applying on 10 feb

10 Feb 2013 - 11 Feb 2012 - Total absence should not be greater than 180
10 Feb 2012 - 11 Feb 2011 - Total absence should not be greater than 180
10 Feb 2011 - 11 Feb 2010 - Total absence should not be greater than 180
10 Feb 2010 - 11 Feb 2009 - Total absence should not be greater than 180
10 Feb 2009 - 11 Feb 2008 - Total absence should not be greater than 180

I wrote to UKBA regarding this and got an email confirmation that if there is a long absence greater than 180 days which falls under two different periods, it should be fine unless the total number of absences are not greater than 180 in any of those 5 year period I mentioned above. See sticky notes for the details.

Now if you do your Maths and if the total number of days outside the country is greater than 180 days in these last 5 years, then it might be a difficult one. If not, let me know your contact details and I'll email you the UKBA correspondence I received.

Hope it helps

@jojybaba -

Total allowed in 5 years counting backwards would be 180-1 * 5 ... from what I understand with valid reasons.

*=Thanks for encouraging reply,,,

suppose to be this,,,but in guidance note it is not mention total number in five years together,,,but i agree with you rules also donot say it is not,,,siply say,,,;eas 180 any cosctive 12 months,,,u true,let see if some one else have idea

this show we can have 179*5=895,,,alowed???????????????

db83 wrote:@jojybaba -

Total allowed in 5 years counting backwards would be 180-1 * 5 ... from what I understand with valid reasons.

Thank you very much Dear all,
I am going to get a written advise from Immigration barrister this week. Will update you guys...and will let you know what he says about the legal position of this matter.

Kind Regards.

Please read page 15 of Indefinite leave to remain – calculating continuous period in UK

This page tells you about the continuation of lawful leave during absences from the UK.
The continuous period is maintained if:
the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

The continuous period is counted backwards from the day, preceding the date of the application for indefinite leave to remain(already explained many times) and also it is counted backwards from every day when we returned to the UK as above.