Page 1 of 1
200 days absences as an expat
Posted: Tue Sep 03, 2013 1:27 pm
by ukat
Hi all ,
I am Tier 1 Visa holder close to 5 years now . During 2011 I was absent from UK about 8 months as an expat working for my employer in other country.The total days absences were about 200 as I spent most my holiday back to London .
I would like to know if the expat reason can justify my absences and there is any chances that my cases would be accepted .
I find this forum very helpful and thank you every one .
Posted: Tue Sep 03, 2013 4:02 pm
by Amber
page 28 of the guide wrote:Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.
Absences of more than 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.
Discretion will only be applied when authorised at senior executive officer (SEO) level.
Time spent overseas due to pregnancy, or maternity, paternity or adoption-related leave is treated the same way as any other absence, that is, within the 180 days in any 12 months.
Posted: Tue Sep 03, 2013 4:34 pm
by ukat
Thank you D4109125 ,
If I understand correctly my case will fall into "employment or economic activity reasons are not considered exceptional" .
However I am still a little bit confused regarding to page 20 of guide " Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments."
I my case the only year that I had above 180 days was in 2011 . Do you think that the fact that I came back and stayed settle in UK for the last two years may help ?
Many thanks
Posted: Tue Sep 03, 2013 4:36 pm
by Amber
Absences up to 180 = employment (but it's never questioned), absences over 180 = exceptional (not employment).
Posted: Tue Sep 03, 2013 4:57 pm
by ukat
Thank you D4109125 , I understand better now after reading the guide again . My case therefore will not be in exceptional category ?
Posted: Tue Sep 03, 2013 5:01 pm
by Amber
Depending if there was any exceptional reasons for 20 days, i.e funeral, medical etc?
Posted: Tue Sep 03, 2013 5:14 pm
by ukat
Thank you , I will detail my absences and post here if you guys have any comment .