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ILR Eligibility [ if Absentees from UK > 180 ]

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jack.Sparrow
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Joined: Mon Jul 15, 2013 7:04 am

ILR Eligibility [ if Absentees from UK > 180 ]

Post by Jack.Sparrow » Wed Mar 12, 2014 6:50 am

Hi Guys,

I understand this topic is discussed numerous time on this forum.

I got my Tier2 ICT back in March 2008. I entered UK on Aprik 2008. Below are my absentees summary for last five years.

Year 5 11 April 2013 to 12 April 2012 (> 200 days)
Year 4 11 April 2012 to 12 April 2011 ( < 100 Days )
Year 3 11 April 2011 to 12 April 2010 ( < 100 Days )
Year 2 11 April 2010 to 12 April 2009 ( < 100 Days )
Year 1 11 April 2009 to 12 April 2008 ( < 100 Days )

Though i am ok with first 4 years of my stay. But problem lies in the last year. I was working for same employer but from India. During my stay in India i was getting salary in India.

Also can i apply for ILR from India ?

Am I still eligible for ILR? I am nearing my ILR so request to get response ASAP :( (please)

Regards,
Arun -

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by manci » Wed Mar 12, 2014 8:57 am

there was no T2 ICT in March 2008. Did you have a work permit and, if so, what type?
how many days absence in Year 5?
Were all your absences work related?

Jack.Sparrow
Newly Registered
Posts: 7
Joined: Mon Jul 15, 2013 7:04 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by Jack.Sparrow » Wed Mar 12, 2014 1:02 pm

Thanks @Manci for reply.

Apologies my mistake. I am still living in 2013 :(. Below are updated (correct) details.

Year 5 11 April 2014 to 12 April 2013 (> 285 days)
Year 4 11 April 2013 to 12 April 2012 ( < 100 Days )
Year 3 11 April 2012 to 12 April 2011 ( < 100 Days )
Year 2 11 April 2011 to 12 April 2010 ( < 100 Days )
Year 1 11 April 2010 to 12 April 2009 ( < 100 Days )


I stayed 285 days outside UK. Yes all these days outside UK were work related. Since i was transferred from India to UK. During 265 Days i was working for same employer but from India. And was getting salary in Indian Rupee.

Regards,
A -

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by manci » Wed Mar 12, 2014 1:49 pm

what are the actual dates for the 285 day absence?

Jack.Sparrow
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Posts: 7
Joined: Mon Jul 15, 2013 7:04 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by Jack.Sparrow » Wed Mar 12, 2014 1:55 pm

From 23 June 2013 till date ... I am still in India

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by manci » Wed Mar 12, 2014 2:52 pm

the long absence has to be broken up into two chunks so that in each 12 month period calculated backwards from the date of your application the absence is not more than 180 days.

If, say, you return to the UK on 23 April 2014 you could apply on 23 October 2014 and your absences then would be:
23 October 2014 - 23 October 2013, absence approx. 6 months (180 days)
23 October 2013 - 23 October 2012, absence approx. 4 months (120 days)
and so on

this is all explained on p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

Jack.Sparrow
Newly Registered
Posts: 7
Joined: Mon Jul 15, 2013 7:04 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by Jack.Sparrow » Wed Mar 12, 2014 6:26 pm

Thanks manci.

If employer provide justification , can I apply for ilr from India ??

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Eligibility [ if Absentees from UK > 180 ]

Post by manci » Thu Mar 13, 2014 6:43 pm

Jack.Sparrow wrote:Thanks manci.

If employer provide justification , can I apply for ilr from India ??
no, applications can only be made from the UK

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