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Covid 19 - Home Office Application processing procedure
Home Office Application fees from April 2020
One of the most common issues which arises when assessing a potential ILR or settlement application relates to the number of absences which a client has spent out of the UK in the preceding five years.
Under the new rules, when absences will not break continuity when calculating if the continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
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Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories:
And the following sub categories of the points-based system
Absences must be connected to the applicant's sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.
Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences, including any time spent on holiday outside the UK.
However, time spent absent from the UK for extended periods, particularly if the business is not continuing, would not be allowed.
Compassionate reasons will vary but can include:
Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons
Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.