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ILR after more than 5 years in relating to absences
Posted: Wed Apr 20, 2011 2:13 pm
by hearthrobb
Hi I have first came to UK on WP in May 2006, switched to Tier 1 in July 2008 and due for ILR in April 2011 (5 yrs 11 months). I have Tier 1 visa valid till July 2011. In total till date from May 2006 i had 186 days spend outside UK. My question here is if i apply for ILR some time in June 2011 (5 yrs 1 month) would i be overlooked for extra 7 days holidays? as iam applying for ILR after 5 years and 1 month. The reason is while i was on WP it is difficult to produce letter from the employer as the management changed. Please help me..
Thanks all in advance.
Posted: Wed Apr 20, 2011 2:31 pm
by bmowen
Hi,
I believe that they look at the days out of country over the last 5 years not the full time you are in the country. So if by applying 1 month later some of the days out of the country drop off then applying later could work. Otherwise it is up to the individual caseworkers discretion.
How are you counting your 186 days? you need to list the day you left and returned even for 1 day trips but they don't count any day you were in the country towards the number of days. (If you left on a Friday returned on a Sunday it would count as 1 day)
Posted: Wed Apr 20, 2011 2:55 pm
by xyz123
[quote="bmowen"]Hi,
I believe that they look at the days out of country over the last 5 years not the full time you are in the country. So if by applying 1 month later some of the days out of the country drop off then applying later could work. Otherwise it is up to the individual caseworkers discretion.
quote]
Please note that you still need to declare all absences since the day visa was stamped on passport. then it's down to caseworker to decide whether you meet required absences criteria or to grant you a decretion or not.
so IMO unless you had mroe than 7 absences in the first month after getting WP, applying late by 1 month alone wont affect the situation.
do you have other evidance to support business/paid absnece e.g. payslips / bank statements.
get absences letter from the date you can.
Posted: Wed Apr 20, 2011 3:29 pm
by hearthrobb
Hi XYZ "so IMO unless you had mroe than 7 absences in the first month after getting WP, applying late by 1 month alone wont affect the situation"
Sorry i didnt get it. Could you please elobarate your above statement
Posted: Thu Apr 21, 2011 9:37 am
by hearthrobb
Has anyone know is there any legal consideration by case worker if you apply ILR number of days/weeks/months after 5 years to cover the number of absences over 180 days? Please share your experience if anyone had similar kind of situation
Posted: Thu Apr 21, 2011 10:59 am
by xyz123
hearthrobb wrote:Hi XYZ "so IMO unless you had mroe than 7 absences in the first month after getting WP, applying late by 1 month alone wont affect the situation"
Sorry i didnt get it. Could you please elobarate your above statement
what i mean is that simply applying after an additional month doesnt make any difference to absences. you still have to declare all absences since date of stamp of WP and not just last 5 years.
There has been numerous cases of pepople getting ILR with over 180 absences. please search teh forum and look for absences or look with posts with success stories.
i myself got ILR with 225 absences (all paid leave / business trip and supported by employer letter).