Clarification regarding number of maximum number of days away from UK for ILR

K Rathinasabapathy made this Freedom of Information request to UK Border Agency

The request was successful.

From: K Rathinasabapathy

30 August 2010

Dear Sir/Madam,

What is the maximum number of days work permit holders applying for
ILR can have spent outside of the U.K. during the 5 year period?

Does this include/exclude paid holidays?

When the UKBA website says 'the case worker might discount paid
annual leave' does this mean it will not be counted as part of the
maximum number of days you can spend outside of the U.K.?

Initially it was a maximum of 180 days when it was 4 years to
qualify to apply for ILR as a work permit holder, does that mean it
is 225 (45x5) for the 5 year period?

Any clarification in this regard would be much appreciated as the
FAQ section of the website doesn't clarify this point.

Yours faithfully,

Mr K Rathinasabapathy

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From: Freedom Of Information Team ( IND )
UK Border Agency

31 August 2010

Dear K Rasinasabapathy

Re: Freedom of Information request - Clarification regarding number of
maximum number of days away from UK for ILR (45975)

Thank you for your recent e-mail concerning the above matter. We are
currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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From: Freedom Of Information Team ( IND )
UK Border Agency

6 September 2010

Dear Mr K Rathinasabapathy,

The guidance followed by caseworkers regarding absences from the UK
during the five year qualifying period for ILR as a Work Permit Holder
can be found at the following link:

http://www.ukba.homeoffice.gov.uk/siteco...
s/idischapter5/section1a/annex-f.pdf?view=Binary

Part 3, Calculation of the Five Year Period for Settlement, refers. As
stated in that section, short absences abroad, for example for holidays
(consistent with annual paid leave) or business trips (consistent with
maintaining employment or self-employment in the United Kingdom), may be
disregarded, provided the applicant has clearly continued to be based
here. What amounts to a "short absence" is not defined in terms of the
number of days. This is a matter for the caseworker's judgement.

Regards,

Freedom of information act policy team

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From: K Rathinasabapathy

7 September 2010

Dear Freedom Of Information Team ( IND ),

Thanks for the reply which said that 'short absence' is at the
discretion of the case worker. What is the maximum number of days
in total you can be out of the U.K. for paid leave? Is there a
certain number at all?
The link you sent did not work.

Yours sincerely,

K Rathinasabapathy

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From: K Rathinasabapathy

7 September 2010

Dear Freedom Of Information Team ( IND ),

I would like clarification on this part of my question please:

"Initially it was a maximum of 180 days outside the UK when it was
4 years to qualify to apply for ILR as a work permit holder, does
that mean it
is now 225 days(45x5)you can spend outside the U.K. for the 5 year
period?"

Yours sincerely,

K Rathinasabapathy

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From: K Rathinasabapathy

27 September 2010

Dear UK Border Agency,

I was to receive a clarification for my request at the very latest
by today. I'd like to know when this would be possible.

Yours faithfully,

K Rathinasabapathy

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From: Dutton, Rebecca

20 October 2010

Dear Mr Rathinasabapathy,

Thank you for your follow up enquiry regarding the number of days
allowed away from the UK for work permit holders applying for settlement
in the UK. Your additional enquiry has been dealt with routinely outside
the scope of the FOI Act.

Please accept my apologies for the delay in responding to your query.
Please also accept my apologies for the lack of continuous residence
guidance on our website. This was removed in order for it to be revised
and is yet to be reinstated.

The Immigration Rules do not make any provision for absence from the UK,
however operational practise allows for absence consistent with paid
leave or work commitments to be disregarded from any assessment of
absence. In addition to this we will permit short breaks of no more
than 3 months in duration for a single absence and six months in total
throughout the whole of the five years.

I hope you find this information suitable for your needs and that this
answers your enquiry in full.

Regards,

Rebecca Dutton
Assistant Director, Family and General Casework.

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From: K Rathinasabapathy

20 October 2010

Dear Dutton, Rebecca,

Thank you indeed for the clarification. Your reply has gone a long
way in resolving the doubts I had regarding this issue.

Yours sincerely,

K Rathinasabapathy

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