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CALCULATION OF DAYS OUTSIDE THE UK IN ILR APPLICATION it will be grateful if you could share with me the working guideline for UKBA case workers of detailed calculation of days outside of the UK and supporting evidences required to make claim under special circumstances.
Tong Yang made this Freedom of Information request to UK Border Agency
The request was partially successful.
From: Tong Yang
24 February 2009
Dear Sir or Madam,
ILR applicants under WP/HSMP/Tier 1 are only permitted a limited
amount of days absent from the UK during qualifying period (5
years). However, the exact calculation method is not clear for me.
I have been trying to phone the UKBA get a definitive answer on the
actual total number of days permitted, however I received many
different answers, varying from 90 days to 450 days.
Therefore, it will be grateful if you could share with me the
working guideline for UKBA case workers of detailed calculation of
days outside of the UK and supporting evidences required to make
claim under special circumstances. Specifically, I would like to be
clarified on below points:
1. Maximum days allowed during 5 years and 1 year prior to ILR
application;
2. Maximum days allowed during 5 years and 1 year prior to ILR
application to be able to use PEO same day service;
3. Are weekends and public holidays excluded from out-of-country
calculation?
4. Different calculation methods between business trips and
personal trips;
5. How is A DAY ABSENT FROM THE UK defined and calculated? Same day
return journey (leaving and returning to the UK on the same day)? 1
night away journey (leaving UK on day 1 and returning to the UK on
day 2)? A day/night lost during long-haul journey or by sea (return
journey starting on day 1 and physically arriving in the UK on day
2)?
Yours faithfully,
Tong Yang
From: Employment Policy
10 March 2009
Dear Mr Yang
The Immigration Rules do not specify any set period of absence, which is
permissible without an individual's continuous residence being effected.
The Immigration Rules require an applicant to 'spent a continuous period
of 5 years lawfully in the UK'. However historical practise has always
been to allow some short periods spent outside the UK when assessing an
applicant's continuous residence. Guidance on this can be find in Annex
F, Chapter 5 of the Immigration Directorate Instructions
(http://www.ukba.homeoffice.gov.uk/siteco...
Is/idischapter5/section1/annexf.pd?view=Binary).
In addition to this I've addressed your specific questions as much as
possible below.
Thanks
Gareth
Gareth Musgrave
Operational Policy & Process Improvement Team 1 Unit E (Employment)
Directorate of Central Operations and Performance
Vulcan House - Iron
UK Border Agency
PO Box 3468
Sheffield
S3 8WA
show quoted sections
There is no set maximum number of days permitted. Each application
should be assessed in line with the guidance in the IDI ( link above).
show quoted sections
There is no set restriction on this, however the level of absences may
mean that an application cannot be resolved in the PEO and would
therefore be extended in to the normal caseworking teams.
show quoted sections
See Annex F, Chapter 5 of the Immigration Directorate Instructions
(http://www.ukba.homeoffice.gov.uk/siteco...
Is/idischapter5/section1/annexf.pd?view=Binary).
show quoted sections
In general the day on which an individual departed and the date that
they returned would be excluded from any calculation of absences, as the
calculation should be of whole days.
show quoted sections
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Pay left an annotation ( 4 January 2012)
calculation?
whats is the answer to this ?
Link to this