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ILR-Work permit- Absence 310 days in 5 yrs:
Posted: Wed Mar 03, 2010 3:21 am
by Young2005
Hi,
I m here in a work permit, comming to time to apply for ILR. Need some advice as i'm little bit confused.
After reading few post i'm confused regarding the absence days that you count in order to apply for ILR.
I have got 315 days in total absence in 5 yrs. None of them are more than 90 days in a year. I'm confused with the 180 days rule here.
Could anyone explain me is it max 90 days a year and in total 450 days in 5 years or 180 days in 5 yrs.
Your advice are appriciated.
Re: ILR-Work permit- Absence 310 days in 5 yrs:
Posted: Wed Mar 03, 2010 2:05 pm
by diago_nelson
180 days in 5 years and 90 continuous days of absence anytime within the 5 years.
315 days in 5 years is not acceptable as per UKBA guidelines unless it was done for official business purposes and you were paid full salary in UK during that time.
Young2005 wrote:Hi,
I m here in a work permit, comming to time to apply for ILR. Need some advice as i'm little bit confused.
After reading few post i'm confused regarding the absence days that you count in order to apply for ILR.
I have got 315 days in total absence in 5 yrs. None of them are more than 90 days in a year. I'm confused with the 180 days rule here.
Could anyone explain me is it max 90 days a year and in total 450 days in 5 years or 180 days in 5 yrs.
Your advice are appriciated.
Posted: Wed Mar 03, 2010 4:04 pm
by Young2005
Thanks for the reply.
around 140 days were for the assingment for the office work. If i ask my employer to issue me with the letter for those overseas official work, do u think it should be fine? or do i need to have more proof?
Yes, i have been paid for those times in UK.
Posted: Wed Mar 03, 2010 11:07 pm
by diago_nelson
I believe it should be fine then.
Were you paid for all 315 days in UK. If yes, then provide these proofs in the form of payslip, P60, bank stmts, etc.
A good letter from you employer explaining the business visit, sal. payment in Uk, permanent UK employee during the visit, etc should help to strengthen your case.
See the sticky thread for the sample format of this letter.
Young2005 wrote:Thanks for the reply.
around 140 days were for the assingment for the office work. If i ask my employer to issue me with the letter for those overseas official work, do u think it should be fine? or do i need to have more proof?
Yes, i have been paid for those times in UK.
Posted: Tue Apr 27, 2010 10:24 pm
by Young2005
Got my ILR! Thanks for your help.
Posted: Wed Apr 28, 2010 9:39 am
by shs213
Young2005 wrote:Got my ILR! Thanks for your help.
Congrats - for the benefit of others - share your experience with us...
What did the case worker check with regard to absent days, what docs did you provide some details....
Congrats!!
Posted: Wed Apr 28, 2010 7:18 pm
by Young2005
Doc I included were:
1 yr Bank Statement & as i was paid here, bank statement for those months when i was aboard.
3 pay slip
Employer letter confirming my employment and my work absence.
My property registration certificate, as i already own a property here.
Concil Tax
I used the same day service via soliciator, got in the same day.
Good luck everyone!
Posted: Wed Apr 28, 2010 7:23 pm
by manenoor
Congratulations..
From property registration doc, do you mean "land registry" ?
Posted: Wed Apr 28, 2010 7:26 pm
by Young2005
Yah!! Land registry
Posted: Wed Apr 28, 2010 11:14 pm
by Pierrot95
Young2005 wrote:Yah!! Land registry
Am curious to know why you needed this.
AFAIK, it doesn't make any difference whether you rent/own your home, as far as it is not a council tenancy (public funds), does it?
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Posted: Thu Apr 29, 2010 12:08 am
by Young2005
m8!
I don't think it's necessary and It shouldn't make difference either rent or own the house.
Whatever i felt would support my application, I included them.
Posted: Fri Apr 30, 2010 5:06 pm
by winber
Congratulations!
As someone who has a lot of absences myself I follow these sorts of posts with great interest

Unpaid 4 months holiday inside UK
Posted: Tue May 04, 2010 4:10 am
by hameleon
Young2005 wrote:m8!
I don't think it's necessary and It shouldn't make difference either rent or own the house.
Whatever i felt would support my application, I included them.
Hi,guys!!
I'm 5yrs WP holder and going to apply for ILR in June. Please tell me if I have 4 months in row unpaid holiday but inside UK does it cause a problem or not? Many thanks for any suggestions
Posted: Tue May 04, 2010 12:26 pm
by winber
I hope it is not a problem since I've got 1 month of unpaid leave too - about a week and a half outside the UK, the rest in. I'm on Tier 1.
I'd wonder about the Work Permit situation though since it is a visa specifically for work at a particular company.
Posted: Tue May 04, 2010 2:45 pm
by hameleon
winber wrote:I hope it is not a problem since I've got 1 month of unpaid leave too - about a week and a half outside the UK, the rest in. I'm on Tier 1.
I'd wonder about the Work Permit situation though since it is a visa specifically for work at a particular company.
Yeah, but 4 months its quiet long, isn't it? And I was study that time on-line taking course which is not related to my job at all. Certainly I'll not going to tell about it but I think I need to figure out some important reason. It was in 2008 when recession start. Is it good enough to say that due to bad business at the company I was asking to take unpaid leave? What do you think guys? As soon as I getting close to applying date my brain is exploding

Thanks
Posted: Tue May 04, 2010 3:20 pm
by Pierrot95
hameleon wrote:Yeah, but 4 months its quiet long, isn't it? And I was study that time on-line taking course which is not related to my job at all. Certainly I'll not going to tell about it but I think I need to figure out some important reason. It was in 2008 when recession start. Is it good enough to say that due to bad business at the company I was asking to take unpaid leave? What do you think guys? As soon as I getting close to applying date my brain is exploding

Thanks
You might be in big big trouble. I think you invalidated your visa by doing that.
How to hide it? Your P60 for that year will show a drop in your salary of more than 10%, and this is not acceptable for UKBA.
I think what you should do is to apply for ILR hoping that caseworker will use discretion in your case, but get ready to apply for tier 2 (as you can't extend your WP) if your ILR is refused.
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Posted: Fri May 07, 2010 3:54 am
by hameleon
Pierrot95 wrote:hameleon wrote:Yeah, but 4 months its quiet long, isn't it? And I was study that time on-line taking course which is not related to my job at all. Certainly I'll not going to tell about it but I think I need to figure out some important reason. It was in 2008 when recession start. Is it good enough to say that due to bad business at the company I was asking to take unpaid leave? What do you think guys? As soon as I getting close to applying date my brain is exploding

Thanks
You might be in big big trouble. I think you invalidated your visa by doing that.
How to hide it? Your P60 for that year will show a drop in your salary of more than 10%, and this is not acceptable for UKBA.
I think what you should do is to apply for ILR hoping that caseworker will use discretion in your case, but get ready to apply for tier 2 (as you can't extend your WP) if your ILR is refused.
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Thanks, Pierrot95, for answer.
Could u give a link with HO rules about drop in salary of more than 10% is not acceptable for UKBA please and what other explanation (if what i said is not good enough) i can say in my situation? Will be appreciate for any suggestions? Thanks
P.S. After reading couple topics end some happy stories in this forum I've noticed also that caseworker not always asking all P60s and I think they don't have on-line access to tax office database. They need to send a request to them asking all history of my NI which is take at least couple days. Maybe I'll get chance with same situation, because I don't want any more WP or Tier-2, its really sucks, feeling like slave here. Sorry for emotional comments.
Posted: Fri May 07, 2010 10:36 am
by Pierrot95
Read
this document and you'll get my point.
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