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Help with 180 days rule - do public hols and weekends count?

Posted: Tue Nov 08, 2011 12:25 pm
by t1happy
For ILR purpose should I be disregarding weekends and public holidays in calculating my days of absence from UK? In my specific case I have 255 days in total, if I take weekends/public holidays, and 2 weeks paternity leave out I'm left with 118 work days away, which is consistent with 25 days/year paid holiday that I'm entitled to. What total should I show to the caseworker? 255 or 118?

Also in calculating my total days away I have already disregarded inward and outward travel days - is this the correct thing to do?

Any advice on the above would be much appreciated.

Posted: Tue Nov 08, 2011 12:33 pm
by geriatrix

Posted: Tue Nov 08, 2011 12:40 pm
by t1happy
Thanks for your reply but I've done all that, read the FAQ, also the UKBA guidance on calculating continuous period in UK.

The only relevant info I found was this:

"short absences abroad may be disregarded, provided the applicant has clearly
continued to be based in the UK. For example:
• holidays (consistent with annual paid leave)"

However the above does not quite answer my original question. Since you seem to be moderating the forum - what would your first answer be based on your judgement?

Posted: Tue Nov 08, 2011 12:44 pm
by baldude
if you had read the FAQ's correctly and read at least 5-10 posts on this forum you will have known the answer.

the answer is 'your interpretation of calculating the absences is wrong'

Re: Help with 180 days rule - do public hols and weekends co

Posted: Tue Nov 08, 2011 3:04 pm
by Babattee
t1happy wrote:For ILR purpose should I be disregarding weekends and public holidays in calculating my days of absence from UK? In my specific case I have 255 days in total, if I take weekends/public holidays, and 2 weeks paternity leave out I'm left with 118 work days away, which is consistent with 25 days/year paid holiday that I'm entitled to. What total should I show to the caseworker? 255 or 118?

Also in calculating my total days away I have already disregarded inward and outward travel days - is this the correct thing to do?

Any advice on the above would be much appreciated.
Weekends and public hoildays can not be discounted when calculating the total number of absence in UK.

All holidays are to be listed no matter how small. In this case, I think 225 days will be more appropriate. You can then do a little schedule to indicate the reason for the holiday. That is what I did.

You are right to have deducted inward and outward travel days. That is normal.

Regards

Posted: Tue Nov 08, 2011 3:43 pm
by gmkarthik
Hi Babattee,

When you say small shdule what you mean? its all personal holidays. how we can seperate those.

thanks,
Karthik.

Posted: Tue Nov 08, 2011 4:22 pm
by t1happy
gmkarthik wrote:Hi Babattee,

When you say small shdule what you mean? its all personal holidays. how we can seperate those.

thanks,
Karthik.
I think he meant to provide a list of all holidays (a schedule), no matter how small, and for each provide a brief description/explanation

Re: Help with 180 days rule - do public hols and weekends co

Posted: Tue Nov 08, 2011 4:33 pm
by t1happy
Babattee wrote: Weekends and public hoildays can not be discounted when calculating the total number of absence in UK.

All holidays are to be listed no matter how small. In this case, I think 225 days will be more appropriate. You can then do a little schedule to indicate the reason for the holiday. That is what I did.

You are right to have deducted inward and outward travel days. That is normal.

Regards
Thanks for taking time to post an useful answer. In fact I have the entire schedule in excel with dates, passport stamps and references to passport pages plus brief explanation for each absence. Still it's over the 180 days limit and I just wanted to make sure that I'm not over-counting.

I have seen people having success with more days but all cases were business travel. I'd be interested to see if someone with just personal holidays have had a success at PEO.

Posted: Tue Nov 08, 2011 6:04 pm
by goldfish
When I apply for my ILR (which is still a while away), I will be showing separate Excel tables/spreadsheets for:
- Weekend breaks & bank holiday weekends
- Holidays
and the total number of days for each.

Although there are no rules stating that weekends can be excluded, it may help the Caseworker exercise their discretion if they can see the two totals separately.

If there are work-related absences, I will have a table/spreadsheet for those too of course.

(And I will be aiming to stay under the 180 total even including weekends.)

Posted: Wed Nov 09, 2011 8:47 pm
by hsmp2006
goldfish wrote:When I apply for my ILR (which is still a while away), I will be showing separate Excel tables/spreadsheets for:
- Weekend breaks & bank holiday weekends
- Holidays
and the total number of days for each.

Although there are no rules stating that weekends can be excluded, it may help the Caseworker exercise their discretion if they can see the two totals separately.

If there are work-related absences, I will have a table/spreadsheet for those too of course.

(And I will be aiming to stay under the 180 total even including weekends.)
Weekends and public holidays are also included. Even the date of departure and arrival are counted, as per the the PEO case worker who handled my case.

However, case workers are bit flexible on 180 days limit. In my case, I had 224 days absence, but none of the trips were for more than 30 days and all of them were paid holidays.

Posted: Thu Nov 10, 2011 7:35 am
by gmkarthik
Hi HSMP 2006,

What are the main documents you should to prove that they are all paid holidays? I am going today.. finger crossed. I Think I have 260 days. but as per your calculation it may reach upto 297 I think.

Thanks,
Karthik.

Posted: Tue Nov 15, 2011 12:00 pm
by farah
Any news ?
You were going to PEO on 10 th Nov

Posted: Tue Nov 15, 2011 4:01 pm
by gmkarthik
I have decided to go for Tier 1 extension. Don't want to take a risk. I have been advised by a lawyer that Personal holidays more than 180 Days, its not advisable to go for ILR.

Posted: Wed Nov 16, 2011 2:50 am
by t1happy
I have started this thread and since I have been successful let me offer some tips (and no, I won't tell you to read the FAQ :-))

Firstly, it doesn't seem to matter how many days you've been absent as long as: 1) you are able to list them all; 2) you have a valid reason for each and 3) there were no >90days absences. You need to provide evidence that short absences were indeed necessary or unavoidable and that you have maintained continuous stay in the UK.

For instance, if you have been away for business then you must obtain company letter explaining each absence or provide evidence that the absences were required to maintain your job in the UK. If majority or all absences were personal then similarly you need to convince caseworker that it was indeed necessary. Most of us have some/all family abroad and maintaining relationship requires travel each year. I think it's important not to have long single absences as this may indicate potential break of continuity. For those on payroll having more holidays then the yearly quota will definitely attract more scrutiny.

If you happen to have a single absence of more than 90 days then I suspect that would constitute a break of continuity and such applications may have substantially lower chance of success (based on what I have read about people experience in this forum). However there are several cases of success, some examples are listed in the FAQ. Note that they have all been business absences with company letters to prove.

Although weekends and public holidays don't count it make sense to show both total days with and without (especially if the latter brings the number substantially below 180 days). In calculating total days don't include days that you were in transit (eg. leave on Friday, come back on Monday, total = 2 days away).

More importantly you need to supply a table with dates in and out, reason for absence for each, indicate matching stamps in passport (by referring to passport page) and total days for each period of absence. A caseworker will probably calculate some or most days herself but seeing that you have done the work increases confidence. Also in my case, it was the first thing she asked for.

Finally, they do seem to take into account your entire application, not just each requirement in separation when it comes to exercising their discretion. So ensure you have all required documents and photocopies. Prepare summaries of your financial info to help them with reviewing your case, even highlight salary received on bank statements. Think about it this way - if you were a caseworker and reviewing your own case what would make your life easier? It's almost like a job interview in a way that if they doubt about something you need to immediately remove that risk, in this case by providing evidence.

There is also an UKBA guidelines document I found useful http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

In my case the following documents were accepted:

Statement of absences
P60s for 5 yr (and photocopies)
Passports (and photocopies)
Bank statements + Pay Slips (and their photocopies)
Letter confirming salary, job title, employment start date