absence >90 days rule

[ramay]

Dear moderators,gurus,sages and another seniors!!

Could somebody give me the link please to that rule which states that single absence over 90 days resets the ILR clock!!

I was looking everywhere: immigration rules, immigration directorate instructions, case workers guidances,applications forms, guidances to applications forms with no result...

Many thanks in an advance...

[vinny]

See also settlement and continuous period.

[ramay]

See also settlement and continuous period.

Thanks vinny! I've seen this already, that is about broken residency and continuity in 5 years period.

I need that rule which states that absence over 90 days resets the ILR clock to the date of entrance to UK after that absence.

Or there is no such rule, only rumors? I was asking a few immigration lawyers, also on different forums, nobody can help!

[Jambo]

But isn't that the same thing? If the residency is broken, effectively your time starts from zero. However, discretion can be applied by the CW in this case.

[ramay]

But isn't that the same thing? If the residency is broken, effectively your time starts from zero. However, discretion can be applied by the CW in this case.

It is same but is not in same time...it must be written that over 180 absence reset the clock to zero, and over 90 to date of entrance after that absence..

case workers guidance states that what is above 90/180 limit, decision in such cases must be taken by SEO/Grade7.By that rule that absences are equal!!Right?But in real life there is a lot of instances of ILR approval with over 180 up to 900 days even without SEO/Grade 7 just on case worker level and his manager.Practically just a few lucky ones got their ILR with more than 90 days absence!!

Why? Both are business related with approval letter and all evidences?

[Jambo]

The guidance distinguish between short trips and long absences. For the former, the CW can disregard. For longer absences, a more senior CW needs to approve.

I can't comment on other case as I don't have the full picture and I'm not a CW.

You asked about the rules and was pointed to them. Your might think it is unfair and that people are not treated equally. I disagree.

[ramay]

The guidance distinguish between short trips and long absences. For the former, the CW can disregard. For longer absences, a more senior CW needs to approve.

By rules yes what is over 90/180 decision in such cases must be taken at SEO/Grade 7 level.But in practice ordinary CW can approve the case with absences much over 180 days up to 700 even without asking anybody.My friend have got his ILR in Solihull with old passport losted and 260 days absences by ordinary CW.Another one with single absence over 90 had been refused on first minute and been advised to send application by post because such case need to be seen by SEO/Grade 7.
There is a hundreds cases like that...

You asked about the rules and was pointed to them.

not! no body able to show the link with the sentence in the rules 'absence over 90 days resets the ILR clock to the date of entrance to UK after that absence, absence over 180 resets clock to zero' and why is single absence > 90 is more severe than total>180.

Your might think it is unfair and that people are not treated equally. I disagree.

Unfair or not is not an issue!!!
I see through the forum that absences with over 90 days in single trip and over 180 in total not treated equally by case workers, but should be..
Lets say the application with single absence of 100 days at once 90% guaranty will be refused and with 190 days in total 90% guaranty will be approved(both with supporting letters).There is a lot of evidences on it.That means there is some secret instruction for case workers how to deal with such cases..But people have to know that and should to avoid single trip over 90 days if they wish get an ILR. And such information should be on UKBA web page in every relevant visa category entitled for settlement and addressed to people not only caseworkers.People have to know the rules to follow them..

[Jambo]

By rules yes what is over 90/180 decision in such cases must be taken at SEO/Grade 7 level.But in practice ordinary CW can approve the case with absences much over 180 days up to 700 even without asking anybody.

I think you are mixing the rules.

* CW can disregard short business related trips at his discretion (no need for senior approval).
* If after that, there are still more than 180 days, application is likely to get refused.
* Long absences (over 3 months) are normally not disregarded.

So even with 700 days, if more than 520 days of them are business related and there are no long absences, the application can be decided by the CW.

not! no body able to show the link with the sentence in the rules 'absence over 90 days resets the ILR clock to the date of entrance to UK after that absence, absence over 180 resets clock to zero' and why is single absence > 90 is more severe than total>180.

If you are after a rule that has the words "reset" and "zero", you won't find it. It is inferred from the guidance you have been pointed to.

Long absence is more severe as it indicates you did not reside in the UK during that time compared to someone with 500 days from many short trips (as he did reside in the UK between the trips).

Unfair or not is not an issue!!!
I see through the forum that absences with over 90 days in single trip and over 180 in total not treated equally by case workers, but should be..

Not exactly. The 180 days are applied after disregarding short business trips. Could you point me to a case with more than 180 days non-business related absences which was approved?

[ramay]

Sorry, when I posted this I meant only business related absences both 90 and 180..They are not treated equally as you mentioned over 90 more severe!!!My question is why?Which rule states that?

* Long absences (over 3 months) are normally not disregarded.

Why if that is a business related?Why 92 days single absence are worse than 500 in short trips?Which rule says that?Normally means that something become a tradition and nobody knows why!Just some historical fakt.

So even with 700 days, if more than 520 days of them are business related and there are no long absences, the application can be decided by the CW.

Again why?By guidance on which I've been pointed it must be approved by SEO/Grade7!!!

If you are after a rule that has the words "reset" and "zero", you won't find it. It is inferred from the guidance you have been pointed to.

I guess it could be some another internal guidance for CWs. Also that guidance does not says that the business and personal absences should be separated and limit of 90/180 only referred to personal absences!! Some CW do that some one not!!Even compassionate reason does not work some times..Fathers sickness and death, child delivery,operation,accident- they are do not care! people still getting refused..
That means (inferred from the guidance) if you are CW you can do whatever you wish, depends of the mood in that day..

Long absence is more severe as it indicates you did not reside in the UK during that time compared to someone with 500 days from many short trips (as he did reside in the UK between the trips).

Strange if some one was away for business for 92 days he didn't not reside but who was away for 500 days he resided in UK..(both have paid in UK and families stayed also in UK) Obviously 500>90!!!Those with 92 days was resided 5 times more in UK compare to another one!!!

Not exactly. The 180 days are applied after disregarding short business trips. Could you point me to a case with more than 180 days non-business related absences which was approved?

I'm interesting only in business trips >90 vs >180, why >90 worse than 180

[Jambo]

Sorry, when I posted this I meant only business related absences both 90 and 180..They are not treated equally as you mentioned over 90 more severe!!!My question is why?Which rule states that?

the applicant must have spent a continuous period of 5 years lawfully in the UK

It's not the number of days but the continuous of the stay. That's why the HO gives more weight to long absences (even if just one in 5 years) than many short ones (even if 500 days in total).

So even with 700 days, if more than 520 days of them are business related and there are no long absences, the application can be decided by the CW.

Again why?By guidance on which I've been pointed it must be approved by SEO/Grade7!!!

No it doesn't. Read it again. The guidance allows the CW to disregard short trips.

[ramay]

Dear Jambo please try to read that guidance as a new person who do not know anything about UKBA immigration rules who never read forums to get that pure, clean impression ...

Sorry, when I posted this I meant only business related absences both 90 and 180..They are not treated equally as you mentioned over 90 more severe!!!My question is why?Which rule states that?

the applicant must have spent a continuous period of 5 years lawfully in the UK

the guidance says: authorized employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total
That means it can be broken ether in this way or in this way. Those absences are equally can break the residence

It's not the number of days but the continuous of the stay. That's why the HO gives more weight to long absences (even if just one in 5 years) than many short ones (even if 500 days in total)

continuous of the stay( as I mentioned above and the guidance says) can be broken in either way by the numbers of days or by the single absence >90!!!!

So even with 700 days, if more than 520 days of them are business related and there are no long absences, the application can be decided by the CW.

Again why?By guidance on which I've been pointed it must be approved by SEO/Grade7!!!

No it doesn't. Read it again. The guidance allows the CW to disregard short trips.

The guidance do not says about CW at all.

In the first part absence<90/180 authorized employment or business in the UK has not been broken by interruptions >90/180
Decisions such cases must be taken at higher executive officer (HEO) level or above
HEO is not a CW!! That is the high executive officer! That means higher that usual CW(EO).

In the second part absence>90/180 There have been longer absences abroad,...Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7

[geriatrix]

Hi everybody!I was browsing this forum for a few months and did not find any case sent by post been refused due to single absence over 90!!!
All refusals was done by Croydon and Sheffield.

Moderators,Seniors,members please correct me if I'm not right.

List of refusals at PEOs
http://www.immigrationboards.com/viewto ... sc&start=0
http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewto ... lr+refused
http://www.immigrationboards.com/viewto ... highlight=

[geriatrix]

What are you trying to suggest? That applications made by post are offered an extra concession on the issue? Or that caseworkers assessing postal applications are less intelligent/aware/trained with regards to the issue in question?

It could just be that you haven't been able to search successfully or there is no such case posted. Either way, statistics compiled on basis of posts in the forum are not exactly "statistics".

And if a case has not been posted on the forum doesn't mean that it has not happened!!

[ramay]

What are you trying to suggest? That applications made by post are offered an extra concession on the issue? Or that caseworkers assessing postal applications are less intelligent/aware/trained with regards to the issue in question?.

Hi sushdmehta, you mixed up two topics (rule & outcome) one was just about that there is actually no such rule with states that absence over 90 resets ILR clock.


Another topic is how UKBA treat such cases in different places..Just to understand to apply by post or at PEO.Some people and solicitors suggesting apply by post is better see 'emarketeruk' posts here.


http://www.immigrationboards.com/viewto ... light=somu
He have got his ILR by applying by post.
I'm not suggesting, just want to understand how it works.I see there is a different mood in different Peo's it based on management, attitude toward migrants.some places are more friendly some more official,like Sollihul and Belfast compare to Croydon.In some places trying to help in others they do not care. Everything is upon case worker mood.As mood in different places is different and outcome could be different.

As I didn't find any evidences of postal refusals i think there is an advantage apply by post in such cases.

It could just be that you haven't been able to search successfully or there is no such case posted. Either way, statistics compiled on basis of posts in the forum are not exactly "statistics".

It is also true.
But people who have been refused usually in panic,stressed and trying to get an advise,relief from many sources as possible forums ,solicitors.So they are likely become a visible on this forum or another.
Trying get a glimpse from the forum it is also statistic for example a journalist randomly asking opinion of 100 people on the street etc.
We can rely in our statistic on available evidences.

[uksettlement]

Dear Sir,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of Work Permit Employment is that the applicant has spent a continuous period of five years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

A decision will be made by the caseworker who considers your application, based on the requirements of the Immigration Rules and the documentary evidence which you have submitted. We are unable to comment about the outcome of any application in advance.

Yours faithfully,

On further question on how the application should be made the reply was straight forward....

Dear Sir,

Thank you for your enquiry.

Please be advised that if your application is straight forward you can book an appointment at the Public Enquiry Office.

However, if you have had long absences from the UK, it will be advisable to send your application form by post.

Yours faithfully,

Hence, it is clear that UKBA recommends postal method for applications which are not straight forward. The PEO applications for longer absences are also rejected because they have to be decided in short period of time and many times SEO grade 7 or above resource is not available.

Hope this post help!

[ramay]

Dear Sir,

The PEO applications for longer absences are also rejected because they have to be decided in short period of time and many times SEO grade 7 or above resource is not available.

Hope this post help!

So if they do not have time and resource for that, than why they are taking money and refusing applications?They should not accept such cases...and at reception advise send it by post.But they are accepting giving some kind of hope...

[uksettlement]

But then that's easy money as once you approach PEO your fee is taken and then the application is dealt with.