ILR 180 days calc

[immiuk1]

Hello again

need some good inputs please as I am really really confused

Example I traveled from UK on 01 May to India and arrives in india on 02 May, now UK does not stamp departure date on my passport it only carries arrived entry from India dated 02 May and I return back to UK on 10 May.

So my question is how many days I am out of country , (10may-02may)-1= 7days or (10may-02may)=8 days or (10may-01may)-1=8 days or (10may-01may)=9 days

It might be confusing statements but they are really impt , one of my friend told me case officer at PEO looked at arrived dates in foreign country ?

the minus 1 he said is to exclude travel dates.


which one is right calc ?

thanks in adv

[selva]

Hello again

need some good inputs please as I am really really confused

Example I traveled from UK on 01 May to India and arrives in india on 02 May, now UK does not stamp departure date on my passport it only carries arrived entry from India dated 02 May and I return back to UK on 10 May.

So my question is how many days I am out of country , (10may-02may)-1= 7days or (10may-02may)=8 days or (10may-01may)-1=8 days or (10may-01may)=9 days

It might be confusing statements but they are really impt , one of my friend told me case officer at PEO looked at arrived dates in foreign country ?

the minus 1 he said is to exclude travel dates.


which one is right calc ?

thanks in adv

it is 8 days. you should not count 1st of May and 10 of May as you were in the country on those dates.

[ITGraduate]

Its 8 days. You dont count the Day out of UK and day back in UK

so 1st and 10th May should not be counted

Thanks

[immiuk1]

Its 8 days. You dont count the Day out of UK and day back in UK

so 1st and 10th May should not be counted

Thanks

Thanks for your input.

my passport only carries arrived stamp for 02 May so which date case worker ideally picks up 02 May or 01 May.

[singhmohit]

hi immiuk1,
I am baffaled by this issue.
I dont know which date to pick up either.
Have you figured out if it is 1st may or 2nd may in your example?
As the stamp on the passport is playing a major role in my case too!
Mohit

[shishir30]

well... my friend who applied for ILR was also confused which date to use and what I advised was that if using 1st may (in your case) would keep you figures below allowed threashold limit for holidays, then use it.

Otherwise if you are going over the threashold and using 2nd may will bring it below threashold, then use it.

If in either case your total number of holidays are exceeding, then it would not make any difference and you need to look for an alternative and valid explanation for that.

hope it makes sense

[singhmohit]

Thanks Shishir,

Yes, in my case if I use the stamped date I simply qualify (177) but if I use the date I left London then it goes over 180 (185 to be exact).
I hope others reply in line with what youve said just so we can be 100% sure.

Thanks again.
Mohit

[1664]

You don't count the leaving and arrival dates.
all dates in between will go towards the date out of country

Example

You left UK on 2-05-2012 and returned back on the 10-5-2012
number of days out of UK = 7 Days

So in this case you wouldn't need a lawyer.

Good Luck ..

[singhmohit]

You don't count the leaving and arrival dates.
all dates in between will go towards the date out of country

Example

You left UK on 2-05-2012 and returned back on the 10-5-2012
number of days out of UK = 7 Days

So in this case you wouldn't need a lawyer.

Good Luck ..

Hi 1664,

Unfortunately the things are still not clear, see example below:
1. Your flight is from Heathrow @ 22:00 to India on 8th May 2011.
2. Your flight reaches India @ 07:00 on 9th May 2011.
3. You travel back to London on the 20th May 2011 (i.e. leave India and arrive India on the same day)

However, the point worth noting is when you leave London on 8th May, nobody will stamp your passport on your way out. Its only when you reach India that an immigration officer will stamp your passport with the date “9th May 2011”. While coming back you travel and reach London on the same date (i.e. 20th May 2011) so no issue in that; we will NOT count the 20th for obvious reasons.

Again for same obvious reason you do not count 8th … because you were in UK on that day. But the question is do we count or do we ignore the 9th as well? Because technically one is travelling on the 9th!

So one can argue that days are from 10th to 19th i.e. 19 days only! Because 9th is travel day as shown by the passport stamp in India!

Mohit

[geriatrix]

Absence from "UK" during a given whole day (24 hrs) is what that counts. Even if you have spent a second in UK on a given date, you were not absent from UK on that day .. and you don't count that day as an absence. Simple!

Ignore all other inferences / permutations / combinations, e.g. - when you embarked from / disembarked in a foreign country.

[singhmohit]

Absence from "UK" during a given whole day (24 hrs) is what that counts. Even if you have spent a second in UK on a given date, you were not absent from UK on that day .. and you don't count that day as an absence. Simple!

Ignore all other inferences / permutations / combinations, e.g. - when you embarked / disembarked in a foreign country.

Appriciate your input and I know it is as simple as you say it is; however almost 95% of applicants who apply look at their passport stamps and not the date of travel. Are you saying all of those applications are wrong?
Because clearly (and if you have time and paitence to read the example I've highlighted) the passport stamp calcualtaion can be incorrect!

Mohit

[geriatrix]

Wrong, no ... inaccurate, yes.

UKBA is not at fault if applicants rely on stamps in their passport(s) to determine their presence in / absence from UK .. rather than keeping a record of their travel dates during their qualifying residential period in UK. If one keeps such a record, there's no confusion in following the above explanation.

You can say ... someone must be mad to keep such records ... perhaps!, but the response is to your question "are all such applications wrong" .. rather than a comment on individual behaviour / practice.

[singhmohit]

Wrong, no ... inaccurate, yes.

UKBA is not at fault if applicants rely on stamps in their passport(s) to determine their presence in / absence from UK .. rather than keeping a record of their travel dates during their qualifying residential period in UK. If one keeps such a record, there's no confusion in following the above explanation.

You can say ... someone must be mad to keep such records ... perhaps!, but the response is to your question "are all such applications wrong" .. rather than a comment on individual behaviour / practice.

Yes, you are using the right terminology... "Inaccurate"

A friend of mine came over last night (who got his ILR a while back) and got all confused by "stamps" and "travel dates". When he went home, he found our that his and his wives ILR applications were indeed "inaccurate".

No, I don’t think that person is mad. Because, I am that person. When I started preparing for my ILR, first thing I looked was my Gmail account for all the travel bookings in the last 5 years and filled up an excel sheet. I also noted down the date and time leaving London, the airport, the terminal and which flight or train I took. I even noted down how much money I spent on flight (that was just to humour myself).

Anyhow, because of large number of flights, it does make a big difference weather I look at stamps or travel dates!

You are the moderator of the forum, right? Perhaps the sticky of “ILR list of absences spreadsheet template” should not have Immigration stamp1, stamp2 and stamp3; it should say "travel dates" because like you said relying on immigration stamps is inaccurate.
Based on above I think it is safe to say that the “ILR list of absences spreadsheet template” is “misleading”?

[geriatrix]

When using a "template", one should describe and provide the same information that the relevant application asks for (e.g. - date left, date returned) ..... and not use the "perceived headers". e.g. - in this case, as you say, stamp1 stamp2 etc.

[singhmohit]

Oks.
Thanks for your help.