10 Months absence splitted into 2 for ILR

[tripas33]

Hello Friends,

I had a gap of 10 continuos months wherein I was out of UK working from offshore for same UK client and assignment.
The absence was from January 2010 to November 2010. Hence I have split this gap in 2 to avoid violating 180 days limit.
I am counting years of stay from June to June for my ILR which I plan to apply in early June this year.

Year 1 --June 2009 to June 2010 ( 165 days out of UK . Got letter from company saying was working from offshore for same project. I switched to Tier-1 General in Nov 2009. Period before Nov 2009 was Tier-2)
Year 2 --June 2010 to June 2011 ( First 164 days of this year were out of UK.Got letter from company saying was working from offshore for same project.I was on Tier -1 General for this duration.)
Year 3 --June 2011 to June 2012 ( 45 days of absence. On Tier 1 General Visa)
Year 4-- June 2012 to June 2013 ( 51 days of absence. On Tier 1 General Visa)
Year 5-- June 2013 to June 2014 ( 42 days of absence . On Tier 1 General Visa)

Do you think I am fit to apply in June 2014 ?

Many Thanks,
Tripas

[Yash001]

Did you receive uk salary or indian salary during your stay in india? I don't think there is any issue the way you have split it, I see many have got ILR based on the same. You can check those success stories in this forum. My only suggestion would be take lawyer route to apply for ILR to be absolutely sure.

[tripas33]

Did you receive uk salary or indian salary during your stay in india? I don't think there is any issue the way you have split it, I see many have got ILR based on the same. You can check those success stories in this forum. My only suggestion would be take lawyer route to apply for ILR to be absolutely sure.

Thanks Yash for the reply.

I was getting Indian salary for that time. I was on deputation in UK on Tier-2 Work Permit.
Was offshored for the same project. My earlier company has provided a letter for the same addressing UK border agency.
My concern is since its a continuous 10 months gap and my second year in consideration for ILR starts while I was out of UK in India...though it satisfies that absence is less than 180 days in a year.
I will browse through the posts again , did not find a similar case as of mine so far.

Many Thanks,
tripas

[hemant_lakhani]

I am also in same situation, 8 months of absence splitting into 2 years; I have been on deputation in the UK, was paid in India during absence by the same employer. My understanding is as the absence is less than 180 days in each calculated year, its ok. There is also no specific requirement suggesting that person should get paid in UK during absence, but I too have a doubt if there is anything that may cause issue.
If we can get some clarity and free advise on this forum, we don't need to pay lawyer/solicitor.
Experts/Gurus can advise and help us in this situation.

[hemant_lakhani]

Anybody knows if there can be any issue due to salary being paid outside UK (no UK income or tax paid) during absence due to working on deputation in the UK from India for India based employer ?

[dk2011]

If the absences are <=180 days in each qualifying year then you guys are fine .

[tripas33]

If the absences are <=180 days in each qualifying year then you guys are fine .

Thanks DK,

I my case , I was on Tier-1 general while I was out of UK for period of 10 months but I was working for same company in India who sent me to UK on Tier 2 initially. No salary paid in UK for 10 months of absence.
I have a letter from employer saying that I was working from India for 10 months on same project.
I think , since I was on Tier-1 while I was away and I have divided my 10 months absence into 2 so they are less than 180 for each year ,I should be OK for applying in June 2014 ?

Thanks.

[dk2011]

You switched to tier 1 category while in india ?

[tripas33]

You switched to tier 1 category while in india ?

No. I switched to Tier-1 in UK. Got my first Tier -1 in Nov 2009. Went back to India in Jan 2010 and returned UK in Nov 2010. Is there a problem ?
Thanks for the advice.

[dk2011]

No. You are absolutely fine .

[tripas33]

No. You are absolutely fine .

Thanks DK.
I will start my preparation for life in UK for applying in June 2014

Many Thanks!!

[hemant_lakhani]

Hi Tripas,

We both are in similar situation, I have 8 months of gap from Jan 2010 to Sept 2010; which is breaking into two calculated years making it 170 days and 88 days in calculated years respectively.

I first came in the UK from India on deputation in Oct 2007 on Work permit and switched to Tier 1 in Aug 2009.
Went back to India on Jan 2010 and came back to UK in Sept 2010. Since then I am in UK.
I got letter from my employer mentioning I have been on deputation in the UK, and during the absence I was working on projects based in India and was paid salary in India and no salary was paid in the UK (employer has mentioned in clearly in the letter as they don't want to face further queries on how about UK tax, NI etc...)

With the understanding that my absence is breaking in 2 years and each calculated year has less than 180 days absence + no specific requirement for getting paid in the UK during absence I am hoping it should be ok, fingers crossed,..lets see..

To get more confidence I contacted few solicitors by calling them, told them the situation, they possibly saw the opportunity to earn money and suggested me that there are some complication, you come and get our consultancy services and we shall study your case to help you..... That did not give me confidence and I got impression that solicitors only want people to come to them and they will handle the case making it complex in front of the client (us). Well they might be just doing their job to earn, so no complaints.

I called UKBA, confirmed that I can break by absence in this way and also confirmed if there is any specific requirement to get paid in the UK during absence, they mentioned no such specific requirement (but case worker will verify the situation).
I also got help from this forum and some kind advisers like pr123 and dk2011 have kindly advised that I should be ok. Many thanks pr123 and dk2011.

I just have passed Life in the UK test, I prepared using set of 3 books from TSO (one is main book 3rd edition which is main book to prepare, one book is supporting guide which summarizes the contents from main book, another one is set of 17 question papers to check our understanding), I also used online tests to practice available at http://www.theuktest.com/

I am going to Crydon PEO in first week of April and hoping to get ILR. Keep in touch.
Many thanks to this forum and kind advisers.

[tripas33]

Hello Hemant,

I am pretty sure , you should be alright.
You are right , are cases are very much similar.
I took my case to a solicitor to show my documents and to get his advice .He said my case is good and I should get the approval for PR. The letter from the company is an important document for my case he said. However he also mentioned that since the absence is less than 180 days ,it should be okay and since I was on Tier-1 during my absence there is no specific need to produce an absence document as 180 days are allowed but still its nice to have. He did not mention any thing about the earning in UK during the absence period. I will be applying in first week of June.
Do share your approval status in April. It would be of great help to me.
My email id is tripas33@gmail.com

Wishing you All the Very Best !!

Take Care,
Tripas

[tripas33]

Hi Tripas,

We both are in similar situation, I have 8 months of gap from Jan 2010 to Sept 2010; which is breaking into two calculated years making it 170 days and 88 days in calculated years respectively.

I first came in the UK from India on deputation in Oct 2007 on Work permit and switched to Tier 1 in Aug 2009.
Went back to India on Jan 2010 and came back to UK in Sept 2010. Since then I am in UK.
I got letter from my employer mentioning I have been on deputation in the UK, and during the absence I was working on projects based in India and was paid salary in India and no salary was paid in the UK (employer has mentioned in clearly in the letter as they don't want to face further queries on how about UK tax, NI etc...)

With the understanding that my absence is breaking in 2 years and each calculated year has less than 180 days absence + no specific requirement for getting paid in the UK during absence I am hoping it should be ok, fingers crossed,..lets see..

To get more confidence I contacted few solicitors by calling them, told them the situation, they possibly saw the opportunity to earn money and suggested me that there are some complication, you come and get our consultancy services and we shall study your case to help you..... That did not give me confidence and I got impression that solicitors only want people to come to them and they will handle the case making it complex in front of the client (us). Well they might be just doing their job to earn, so no complaints.

I called UKBA, confirmed that I can break by absence in this way and also confirmed if there is any specific requirement to get paid in the UK during absence, they mentioned no such specific requirement (but case worker will verify the situation).
I also got help from this forum and some kind advisers like pr123 and dk2011 have kindly advised that I should be ok. Many thanks pr123 and dk2011.

I just have passed Life in the UK test, I prepared using set of 3 books from TSO (one is main book 3rd edition which is main book to prepare, one book is supporting guide which summarizes the contents from main book, another one is set of 17 question papers to check our understanding), I also used online tests to practice available at http://www.theuktest.com/

I am going to Crydon PEO in first week of April and hoping to get ILR. Keep in touch.
Many thanks to this forum and kind advisers.

Hello Hemant,
Can you tell me when is your appointment with PEO ?

Reg,
tripas

[MK123]

I am also in a similar boat, Since I am self employed I don't have any employee letter. I am counting on success stories from this forum and verifying with some solicitors to see if I have a chance.

Hemant, If you can update your status it will give us more hope mate Thanks.

[pdss]

Hi Tripas,

We both are in similar situation, I have 8 months of gap from Jan 2010 to Sept 2010; which is breaking into two calculated years making it 170 days and 88 days in calculated years respectively.

I first came in the UK from India on deputation in Oct 2007 on Work permit and switched to Tier 1 in Aug 2009.
Went back to India on Jan 2010 and came back to UK in Sept 2010. Since then I am in UK.
I got letter from my employer mentioning I have been on deputation in the UK, and during the absence I was working on projects based in India and was paid salary in India and no salary was paid in the UK (employer has mentioned in clearly in the letter as they don't want to face further queries on how about UK tax, NI etc...)

With the understanding that my absence is breaking in 2 years and each calculated year has less than 180 days absence + no specific requirement for getting paid in the UK during absence I am hoping it should be ok, fingers crossed,..lets see..

To get more confidence I contacted few solicitors by calling them, told them the situation, they possibly saw the opportunity to earn money and suggested me that there are some complication, you come and get our consultancy services and we shall study your case to help you..... That did not give me confidence and I got impression that solicitors only want people to come to them and they will handle the case making it complex in front of the client (us). Well they might be just doing their job to earn, so no complaints.

I called UKBA, confirmed that I can break by absence in this way and also confirmed if there is any specific requirement to get paid in the UK during absence, they mentioned no such specific requirement (but case worker will verify the situation).
I also got help from this forum and some kind advisers like pr123 and dk2011 have kindly advised that I should be ok. Many thanks pr123 and dk2011.

I just have passed Life in the UK test, I prepared using set of 3 books from TSO (one is main book 3rd edition which is main book to prepare, one book is supporting guide which summarizes the contents from main book, another one is set of 17 question papers to check our understanding), I also used online tests to practice available at http://www.theuktest.com/

I am going to Crydon PEO in first week of April and hoping to get ILR. Keep in touch.
Many thanks to this forum and kind advisers.

Hi Hemanth,

Did you appeared for ILR ? any good news ?

Regards,

[draveshiya]

Hi Hemant,

I have similar situation like yours, can you please let us know the outcome of your case?

Thanks