ILR Successful with 11 months gap at a stretch

[gshax]

Thanks to all of those who posted thier success and failure stories , I was almost about to cancel my appointment becuase I was not confidnet however , I read some one posting they got ILR with 320 days absence at a strecth , In my case I had one long absence for 11 months at strech and overall 390 holidays in 5 years . With the new rules in place its a great relief for people like me. I did split my long absence into 2 years and made sure it did not exceeded 180 days.

[stanza123]

Congratulations on your ILR!!!

Can you please share us what kind of documents that you submitted.
Is it from Tier2 General/ Tier 2 ICT/Tier1 General,etc

[ram14esh]

hi gshax it is great relief to know i am in the same boat. I have exactly 180 days absence in one visit for treatment and total of 300 days absence in 5yrs and i am also planning to split in 2 yrs. can you suggest if you split your 11 months into 51/2 months in 2yrs because i am planning to split into 30days in year 2 and 150 days into Year 1. If it is more than 90days will they ask any proof? If so what kind of proof did u submit?

[gshax]

I was on WP and T1 (3 extensions)

Re splitting you can split however u want as long as does not exceed 180 days in any of the consecutive 5 4 3 2 1 years.
In my case the gap was overlapping 5 and 6 years.

Make sure your HMRC record is clear . Ie any dues or unpaid tax taxs for contractors could severely affect the ILR .

Re proofs for absences , both my employers refused to given customised letters for absences , all they gave is standard reference that I work for so and so company .

Hope that helps.

[shrilim]

Hi gshax,

Thanks for your post. I have similar case but on Tier2 General through out the tenure with 9 months absence at a stretch due to offshore working. I have passed my life in the UK test and B1 English language as well and ready with all the document to make an application. However my employer gave me generic letter with UK assignment details and paid Annual Leave details. They are denying to mention anything about the India tenure when I was working at their offshore location for same project. I am working for same client/project/team/profile for last more than five years ( I changed employment once during this period) however I do not have any documentary confirmation from employer or client about this.

I was in touch with one solicitor who initially said that I do not have any issue for getting ILR. However after seeing my P60 forms in which one year was having less payment due to salary paid in India for 9 months, they showed less interest and eventually stopped responding to me.

With your experience, could you please advise whether my case is having any chance of getting it approved?

Following is the letter I got from my current employer. Similar letter I got from my previous employer however there was no long absence during that period.

Thanks,

TO WHOMEVER IT MAY CONCERN

This is to certify that ****** ****** (Employee No. ******) is a permanent employee of ***** Limited since May 18, 2012.

****** ****** is working with us as Technical Specialist - Database Administrator in United Kingdom on a long term assignment details are mentioned below:


Assignment Start Date Assignment End Date

19.05.2012 21.03.2013
02.12.2013 Till Date

During the above period, his annual leaves taken for which he was paid in UK during the absence, are as follows:


Travel Start Date Travel End Date Days of absence from UK Countries visited Nature of Travel
20/May/2012 24/Jun/2012 36 India Annual Leave
07/Jun/2014 15/Jun/2014 9 India Annual Leave
23/Jul/2014 27/Jul/2014 5 Belgium, France, Germany, Switzerland Annual Leave
30/May/2015 21/Jun/2015 23 India Annual Leave


His current gross salary is ****** GBP per annum.
He will continue to remain employed with us in the foreseeable future.

The Standard Occupational (SOC) Code for the employee is: **** **********, IT operations
The above employee is being paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.
This letter is issued at the request of employee and cannot be used as a formal detailed experience letter.
Should have any queries, please get in touch with us at +44 (0) ********** or email us at
**********@****.com.

[gshax]

Hi,
My absense was just like you , I was working with same employer outside UK , as long as you can split your absence so that it won't exceed 180 days in a single year .

Regarding p60 , in one of 5 years I had less than
3000 £, as long as you have p60 which proves you are economically active in that year it should suffice I guess.

I suppose the employer letter is good enough,

Saying that , I am not an expert and above is my personal understanding and interpretation of rules.

You just need to read the continuous absense guidelines document Couple of times and see if tier 2 (g)
rules differ to tier 1(g).

If I were you , I will take a chance.

[shrilim]

Hi,
My absense was just like you , I was working with same employer outside UK , as long as you can split your absence so that it won't exceed 180 days in a single year .

Regarding p60 , in one of 5 years I had less than
3000 £, as long as you have p60 which proves you are economically active in that year it should suffice I guess.

I suppose the employer letter is good enough,

Saying that , I am not an expert and above is my personal understanding and interpretation of rules.

You just need to read the continuous absense guidelines document Couple of times and see if tier 2 (g)
rules differ to tier 1(g).

If I were you , I will take a chance.

Hi gshax,

Thanks for your response !

I think I will give it a go!

[stanza123]

Hi Shrilim,

I am in Tier2 General with same situation.....shall we talk?

[Boss911]

Hi gshax,

I'm very glad to hear about your story, as it gives me a glimpse of hope regarding my high absences ! I've been away on secondment for a period of 10 months to Germany (my employer paid all my taxes in the UK while I was abroad). Other than this period I have relatively low level of absences, as shown below:

Total Absences (Business and Personal)
2010: 9
2011: 107
2012: 219
2013: 14
2014: 34
2015: 43

Total Absences (Business Only)
2010: 0
2011: 87
2012: 170
2013: 0
2014: 13
2015: 24

My question is does the case officer count both for the 180 day limit ?

Can you share with us your absences split by year, and which immigration office did you apply to ?

Thank you and congratulations !!