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ILR-Work permit- Absence 310 days in 5 yrs:

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Young2005
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ILR-Work permit- Absence 310 days in 5 yrs:

Post by Young2005 » Wed Mar 03, 2010 3:21 am

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.

diago_nelson
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Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Re: ILR-Work permit- Absence 310 days in 5 yrs:

Post by diago_nelson » Wed Mar 03, 2010 2:05 pm

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.

Young2005
Newly Registered
Posts: 8
Joined: Wed Mar 03, 2010 3:12 am

Post by Young2005 » Wed Mar 03, 2010 4:04 pm

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.

diago_nelson
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Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Post by diago_nelson » Wed Mar 03, 2010 11:07 pm

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.

Young2005
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Post by Young2005 » Tue Apr 27, 2010 10:24 pm

Got my ILR! Thanks for your help.

shs213
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Post by shs213 » Wed Apr 28, 2010 9:39 am

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!!

Young2005
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Post by Young2005 » Wed Apr 28, 2010 7:18 pm

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!

manenoor
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Post by manenoor » Wed Apr 28, 2010 7:23 pm

Congratulations..

From property registration doc, do you mean "land registry" ?

Young2005
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Post by Young2005 » Wed Apr 28, 2010 7:26 pm

Yah!! Land registry

Pierrot95
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Post by Pierrot95 » Wed Apr 28, 2010 11:14 pm

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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Young2005
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Post by Young2005 » Thu Apr 29, 2010 12:08 am

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.

winber
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Post by winber » Fri Apr 30, 2010 5:06 pm

Congratulations!

As someone who has a lot of absences myself I follow these sorts of posts with great interest :)

hameleon
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Unpaid 4 months holiday inside UK

Post by hameleon » Tue May 04, 2010 4:10 am

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

winber
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Post by winber » Tue May 04, 2010 12:26 pm

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.

hameleon
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Post by hameleon » Tue May 04, 2010 2:45 pm

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

Pierrot95
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Post by Pierrot95 » Tue May 04, 2010 3:20 pm

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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hameleon
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Post by hameleon » Fri May 07, 2010 3:54 am

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.

Pierrot95
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Post by Pierrot95 » Fri May 07, 2010 10:36 am

Read this document and you'll get my point.

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