Am I eligible for ILR

[alok_singh]

My job requires travelling outside the country and at 1 time I was outside the country in single strech for 165 days on business/paid holidays but I was getting paid in UK during this period and have salary slip and P60 and letter from employer supporting this.


This is how the stats go:

Inital Entry on 31st Oct 2007 (Work Permit)

Exit on 11th Jan-2009
Entery on 23-Mar-09 (71 days in India got EC stamped and entered on23rd March on HSMP)

14-Nov-2008 to 30Apr-2009 : (165 days) On business and paid vavation but outside UK as mentioned above.

Apart from that several short business trip maximum of 13 days to 1 days.

Am I be eligible to apply for ILR in October 2012 or my continous residency is reset and can only apply for ILR in by 30-Apr-2014.

[geriatrix]

Inital Entry on 31st Oct 2007 (Work Permit)

Exit on 11th Jan-2009
Entery on 23-Mar-09 (71 days in India got EC stamped and entered on23rd March on HSMP)

14-Nov-2008 to 30Apr-2009 : (165 days) On business and paid vavation but outside UK as mentioned above.

If you were out of UK from 14-Nov-08 to 30-Apr-09, then how could you have exited UK on 11-Jan-09 and entered UK on 23-Mar-09?
Check the accuracy of the dates posted, because they don't make any sense as they are.

With regards to the single absence of >90 days, how many days were work-related and how many on account of annual paid leave?

[alok_singh]

If you were out of UK from 14-Nov-08 to 30-Apr-09, then how could you have exited UK on 11-Jan-09 and entered UK on 23-Mar-09?
Check the accuracy of the dates posted, because they don't make any sense as they are.


sorry - Exit was on 11 - Jan 2008 not 2009 .

with regards to breakup of continuous perriod from
14-Nov-2008 to 30Apr-2009 : (165 days)
Break is as follows
S.No Date of Entering Country Date of Leaving Country No of Days Reason for Away Country

1 15-Nov-08 30-Dec-08 45 Business Saudi Arabia
2 31-Dec-08 16-Jan-09 16 Holidays India
3 17-Jan-09 07-Feb-09 21 Business Saudi Arabia
4 08-Feb-09 28-Feb-09 20 Holidays India
5 01-Mar-09 25-Mar-09 24 Business Saudi Arabia
6 26-Mar-09 02-Apr-09 7 Holidays India
7 03-Apr-09 30-Apr-09 27 Business Saudi Arabia

[geriatrix]

And if you exited UK on 11-Jan-08, when did you return to UK subsequent to this exit? i.e.- Where were you between 11-Jan-08 and 14-Nov-08?

[alok_singh]

I am sorry that I have confused you very much .

And if you exited UK on 11-Jan-08, when did you return to UK subsequent to this exit? i.e.- Where were you between 11-Jan-08 and 14-Nov-08?

Exited on 11-Jan-08 and re-entered on 23rd March 2008 on HSMP.
and then from 23rd March 2008 to 14-Nov -2008 I was in UK.

Intial Entry on 31st Oct 2007.

Below is the list when I was out and in

S.No Date of leaving UK Date returning back to UK No of Days Reason for Away
0 11-Jan-08 23-Mar-08 71 Holidays
1 12-Jun-08 12-Jun-08 0 Business
2* 14-Nov-08 30-Apr-09 165 Personal / Business
3 13-Jun-09 30-Jun-09 16 Holidays
4 09-Aug-09 21-Aug-09 11 Business
5 25-Oct-09 27-Oct-09 1 Business
6 13-Nov-09 27-Nov-09 13 Business
7 14-Oct-10 15-Oct-10 0 Business
8 08-Nov-10 09-Nov-10 0 Business
9 03-Mar-11 03-Apr-11 30 Holidays
10 09-May-11 13-May-11 3 Business
11 30-May-11 01-Jun-11 1 Business
12 05-Jul-11 07-Jul-11 1 Business
13 18-Jul-11 22-Jul-11 3 Business
14 30-Aug-11 02-Sep-11 2 Business
15 19-Oct-11 21-Oct-11 1 Business
16 07-Nov-11 11-Nov-11 3 Business


Details of line from 2 are below

S.No Date of Entering Country Date of Leaving Country No of Days Reason for Away
1 15-Nov-08 30-Dec-08 45 Business
2 31-Dec-08 16-Jan-09 16 Holidays
3 17-Jan-09 07-Feb-09 21 Business
4 08-Feb-09 28-Feb-09 20 Holidays
5 01-Mar-09 25-Mar-09 24 Business
6 26-Mar-09 02-Apr-09 7 Holidays
7 03-Apr-09 30-Apr-09 27 Business

In summary out of 165 days 117 days on business and 43 days on Paid Holidays

Many thanks in advance on helping on this one.

As my jobs involves constant travel is my job is risking my ILR application

[geriatrix]

More than your business travel, it is your absences due to holidays that may be a (bigger) problem. From the information posted it seems that you were absent on account of holidays for approx. 160 days within a span of 14 months.

Usually, one is entitled to 28-35 days of "annual paid leave" in "12 calendar months".

[alok_singh]

Yes well spotted ,
Here is the thing ,
I has not taken my holiday in calender yaer 2008 and due to business need (25 Annual Leave were moved to next calender year) the holdays were taken in Jan 2009 and Feb 2009 , during calender year 2009.

Beside holiday from 11th Jan 2008 to 23rd March 2008 where not paid . I was in India getting EC stamped on HSMP approval letter. All other holidays are paid.

I had employer 1 on WP from 31st Oct 2007 to 20th March 2008 then started employment with Employer 2 from 25th Match 2008 , As I was in probabtion could not take my leave earliest and then towards are end of year we have business requrirement to travel and push leave to next year

More than your business travel, it is your absences due to holidays that may be a (bigger) problem. From the information posted it seems that you were absent on account of holidays for approx. 160 days within a span of 14 months.

Usually, one is entitled to 28-35 days of "annual paid leave" in "12 calendar months".

I can get a letter from employer to additional clarification on this. I have been employed in same company since March 23rd 2008

Please advise what is best way to proceed for ILR my current extesntion will expire on Feb 2013 .

[geriatrix]

1. There is no concept of absence due to "holiday", therefore categorise and calculate your absences from UK under "employer authorised work-related absences", "absence corresponding to annual paid leave", and "absence due to personal reasons". Will help you and others figure out where you stand.

2. Even if I exclude the 71 days absence, even then you have approx. 90 days of "paid leave" within a period of 12 months ... which is much more than what an employee can expect in a 12 month period ... or for that matter in a 24 month period (even if one carries over all leaves from one calendar year to another).

3. You'll need to somehow balance your absences on account of "holidays" under "absences corresponding to annual paid leave" and "absence due to personal reasons".

4. As for the single absence of >90 days, provide evidences that the absence was due to consecutive periods of "work-related" absences and "absences corresponding to annual leave". Include evidence that you were employed in the UK, paid salary (and taxes) in the UK, that you continued to maintain residence in the UK, and that you returned to the same job you were doing before.

And hope for the best!


See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

[alok_singh]

1. There is no concept of absence due to "holiday", therefore categorise and calculate your absences from UK under "employer authorised work-related absences", "absence corresponding to annual paid leave", and "absence due to personal reasons". Will help you and others figure out where you stand.

2. Even if I exclude the 71 days absence, even then you have approx. 90 days of "paid leave" within a period of 12 months ... which is much more than what an employee can expect in a 12 month period ... or for that matter in a 24 month period (even if one carries over all leaves from one calendar year to another).

20 days of annual leave can corresponds to 30 calender days including weekends.

50 days can corresponds to 74 calender days and additional leave were on account of (TOIL)Time off in lieu of working on holiday.

3. You'll need to somehow balance your absences on account of "holidays" under "absences corresponding to annual paid leave" and "absence due to personal reasons".

I did not have any "absence due to personal reason" but because of TOIL( time off in leiu) and 50 Anuual Leave in calender , case had become very complicated. and no. of holidays are not in alignment with the normal annual leaves in year.

If can get a letter from employer clearly stating all the approved annual leaves, accumulated TOIL and ansence due to business reason will that help.

4. As for the single absence of >90 days, provide evidences that the absence was due to consecutive periods of "work-related" absences and "absences corresponding to annual leave". Include evidence that you were employed in the UK, paid salary (and taxes) in the UK, that you continued to maintain residence in the UK, and that you returned to the same job you were doing before.

I have salary slip, P60 covering that period, letter from employer, What I need to show that I maintained residence in the UK I had car insurance policy covering that period, but since I was living in shared accomodation I do have council tax or any other service bill.

And hope for the best!

Other option I was thinks was to do as follows.

Apply for 2nd extenstion in July 2012 and then apply to ILR in March 2013 instead for Oct 2012 this will remove the 71 days of "absence due to personal reason" from Jan-2008 to Mar-2008

but if the ILR continuity is reset I need to apply for ILR in April 2014.

What is my best to save money and time?

[alok_singh]

As requested quoted leave in 3 different categories specifying number of Annual leave taken each time.


S.No Date of leaving UK Date returning back to UK No of Days Reason for Away
0 11-Jan-08 23-Mar-08 71 absence due to personal reasons
1 12-Jun-08 12-Jun-08 0 employer authorised work-related absences
2* 14-Nov-08 30-Apr-09 165 Mixed : details are below
3 13-Jun-09 30-Jun-09 16 absence corresponding to annual paid leave (15 AL ) Calender year 2009
4 09-Aug-09 21-Aug-09 11 employer authorised work-related absences
5 25-Oct-09 27-Oct-09 1 employer authorised work-related absences
6 13-Nov-09 27-Nov-09 13 employer authorised work-related absences
7 14-Oct-10 15-Oct-10 0 employer authorised work-related absences
8 08-Nov-10 09-Nov-10 0 employer authorised work-related absences
9 03-Mar-11 03-Apr-11 30 absence corresponding to annual paid leave( 20 AL ) Calender year 2011
10 09-May-11 13-May-11 3 employer authorised work-related absences
11 30-May-11 01-Jun-11 1 employer authorised work-related absences
12 05-Jul-11 07-Jul-11 1 employer authorised work-related absences
13 18-Jul-11 22-Jul-11 3 employer authorised work-related absences
14 30-Aug-11 02-Sep-11 2 employer authorised work-related absences
15 19-Oct-11 21-Oct-11 1 employer authorised work-related absences
16 07-Nov-11 11-Nov-11 3 employer authorised work-related absences





S.No Date of Entering Country Date of Leaving Country No of Days Reason for Away
1 15-Nov-08 30-Dec-08 45 employer authorised work-related absences
2 31-Dec-08 16-Jan-09 16 absence corresponding to annual paid leave calender year 2008 (12 AL)
3 17-Jan-09 07-Feb-09 21 employer authorised work-related absences
4 08-Feb-09 28-Feb-09 20 absence corresponding to annual paid leave calender year 2008(13 AL ) and 2009( 2 AL )
5 01-Mar-09 25-Mar-09 24 employer authorised work-related absences
6 26-Mar-09 02-Apr-09 7 absence corresponding to annual paid leave ( 5 AL) from calender year 2009
7 03-Apr-09 30-Apr-09 27 employer authorised work-related absences

Please help. Does this make sense and should I apply for ILR in October 2012