ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR - Reason for absence when employed abroad

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
kroy
Newly Registered
Posts: 5
Joined: Sun Oct 21, 2012 3:40 pm
Location: London

ILR - Reason for absence when employed abroad

Post by kroy » Thu Jan 22, 2015 2:39 pm

Hi,
I have a situation and want to ask if I will be eligible to apply for ILR in Jan 2016.

I was deputed to USA while working for an Indian employer. I applied for Tier - 1(General) visa and got it in Feb 2011

I came to UK first in March 2011 for one week . The reason to visit was job/personal related (meet the UK team of existing employer), look for new job prospects and also to meet my sister enroute from USA to India who is a British citizen.
I then went to India for 3 and 1/2 months where I was on leave for 1 month and then was getting trained in India for my UK deputation.
I then got deputed to UK in June 2011.

I worked for this employer till May 2012 and the shifted to another permanent employment in June 2012. I worked there till Feb 2013 and then resigned from the position. In March 2013 I went for another vacation to India to meet my parents for 5 weeks and came back in April 2013. However I was unemployed till Sept 2013. I opened my company and started working as a contractor from Sept 2013 till date.

Apart from the above two breaks I was in UK continously.

Now
1. Can I apply my ILR in Jan 2016 owing the fact that my Tier 1 was valid from 1st Feb 2011 and my first visit/stamp (even though for only 1 week) was in March (less than 90 days)?
2. What will be the reason for absence from March 2011 to June 2011 - as the guidelines says that any absence due to employment outside UK will be considered as a break.
3. What evidences can I give ? I am no longer in touch with my employer since I left in May 2012.
4. What evidences can I give for my absence in March 2013 as I was un-employed then and for nearly 5-6 months after that.
5. Does it make sense to go though the PEO route.

Any help will be highly appreciated - Thank you !!

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 1:18 pm
Wales

Re: ILR - Reason for absence when employed abroad

Post by argus7 » Thu Jan 22, 2015 3:50 pm

Pg 22, explains this clearly in the ILR continuous guide, any absences outside UK whilst on employment breaks residency.

If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken

kroy
Newly Registered
Posts: 5
Joined: Sun Oct 21, 2012 3:40 pm
Location: London

Re: ILR - Reason for absence when employed abroad

Post by kroy » Thu Jan 22, 2015 9:58 pm

But I was in India getting trained for my position for which I had to travel to UK. So to be able to work in UK was my primary reason to go there.

If my employer is Indian that shouldn't be an issue as Tier-2 folks working for Indian companies become eligible for ILR after 5 years.

Please advise what my options are here!!

Locked