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Are weekends excluded from the allowance of 180 days?

Posted: Tue May 04, 2010 5:56 am
by rambobambo
I have come acroos fe posts on this forum which states that one can exclude weekends from the total period that you had spend outside UK, is that correct?

Also what is the total allowance, is it 180 days or 225 days over 5 years period?

PLs look at this link as well:
http://www.ahooi.co.uk/post/45958347/ho ... ide-the-uk

Posted: Tue May 04, 2010 10:10 pm
by gidoc
I am not sure about the reliability of the info on the link you posted.
180 days are permitted, days of travel only are not counted. However each case worker determines your continuity of residence in UK and certainly absences of over 90 days are carefully looked at.
People have got ILR where absences are over 200 days but as I said each case will be different, so do not presume any given number beforehand.
Absences relating to your job are not counted.
Hope this helps, quote your numbers if you need further advice.
Best regards

Posted: Tue May 04, 2010 11:10 pm
by gc123
people on here will tell you that the 180 days over 5 years / 90 days in a row rule is pretty hard and fast

if you read my previous post history you will see that, in my case, this was not true

my view is that the border office is more interested in seeing that you have a solid UK work history, have paid plenty of UK taxes, and have clearly been based in the UK with no unreasonable absences

i don't think the 180/90 day rule is anywhere near as strict as people on here say

but this is just an opinion

Posted: Wed May 05, 2010 7:33 am
by rambobambo
gidoc wrote:I am not sure about the reliability of the info on the link you posted.
180 days are permitted, days of travel only are not counted. However each case worker determines your continuity of residence in UK and certainly absences of over 90 days are carefully looked at.
People have got ILR where absences are over 200 days but as I said each case will be different, so do not presume any given number beforehand.
Absences relating to your job are not counted.
Hope this helps, quote your numbers if you need further advice.
Best regards
Thanks for the reply and guidance. I have spent 204 days outside Uk. This included annual leave and compassionate/special leave for approx 7 weeks as my father was unwell in india.being a medical as well prpfessipnal i stayed back. Througjout last 5 years and during that period i have worked for one employer and remained on their payroll.
I have hospital documents to support all the above my fathers illness and apprival of leave.what dp you think

Posted: Wed May 05, 2010 10:18 am
by gc123
it will clearly help your case if you include formal documentation from your employer regarding the annual leave as well as formal documentation from your relative's doctor regarding his illness (including dates)

as i understand it much comes down to the individual caseworker who decides your application

good luck

Posted: Wed May 05, 2010 1:33 pm
by geriatrix
gc123 wrote:as i understand it much comes down to the individual caseworker who decides your application
Agree.

Also be prepared to answer (potential) questions such as - Why you could not return to UK while your father was being treated in the hospital? Were there no other family members / siblings to attend to him?


regards

Posted: Wed May 05, 2010 2:05 pm
by rambobambo
sushdmehta wrote:
gc123 wrote:as i understand it much comes down to the individual caseworker who decides your application
Agree.

Also be prepared to answer (potential) questions such as - Why you could not return to UK while your father was being treated in the hospital? Were there no other family members / siblings to attend to him?


regards
Thanks for the help. One of the obvious reason was emotional attachment and also the fact i am a physio and he was recovering from neurological condition, which required physio input. What do you think

Posted: Wed May 05, 2010 3:59 pm
by geriatrix
It will be up to you to convince the caseworker why "you" could not return to UK when your father was being treated in a hospital under the supervision of professional medical staff and, if applicable, when other family members / siblings were available to attend to him.

Unfortunately, emotional attachment may not be considered a valid reason for staying out of UK for such a long period ... when it comes to ILR approval.

regards

Posted: Wed May 05, 2010 5:10 pm
by rambobambo
sushdmehta wrote:It will on you to convince the caseworker why "you" could not return to UK when your father was being treated in a hospital under the supervision of professional medical staff and, if applicable, when other family members / siblings were available to attend to him.

Unfortunately, emotional attachment may not be considered a valid reason for staying out of UK for such a long period ... when it comes to ILR approval.

regards
Hi Thanks for the reply. Is anywhere aware of any similar cases where one may have had been in difficult position. Also what can happen if ILR is refused do they automatically offer FLR my visa ould expire in 28 days after the application.

Posted: Wed May 05, 2010 7:13 pm
by gidoc
You have a strong case, have documentation ready and apply. Do not offer docs unless asked for( regarding your father's illness) as it doesn't breach 90 day rule. Fill in the dates truthfully on the form but be prepared with an excel sheet calculation of exact days of absences. Submit an employment letter detailing continuity of work in the UK.
All the best

Posted: Thu May 06, 2010 10:21 pm
by rambobambo
gidoc wrote:You have a strong case, have documentation ready and apply. Do not offer docs unless asked for( regarding your father's illness) as it doesn't breach 90 day rule. Fill in the dates truthfully on the form but be prepared with an excel sheet calculation of exact days of absences. Submit an employment letter detailing continuity of work in the UK.
All the best
Hi
Thanks for guiding and making me feel positive. I hppe everyyhing woll be ok. I will also leek visiting thi forum so as to see whats happening on this front. Thqnks once again