Queries

[simpletonme70]

Hi All,

A couple of quick questions which I should be thankful if answered.

1. I started work here in UK on a work permit from Oct 2004. Would I be right in assuming that I can apply for ILR in Sept 2009 (28 days before)? OR is it Sept 2008?

2. I was sent on an assignment from my company to another country for around 10 months (have everything in letter). Would that still be included in my 5 year ILR OR do I have to wait for another 10 months?

Thanks in advance.

Kind regards,
Simpleton

[Sushil-ACCA]

WHERE salary was credted and tax was paid ?

[macaroni]

I think you could apply in 2009.

[geriatrix]

I was sent on an assignment from my company to another country for around 10 months (have everything in letter). Would that still be included in my 5 year ILR OR do I have to wait for another 10 months?

Was the UK work permit vaid during this 10 month period? And (already been asked) were any earnings made / tax paid in UK during this period?

If the 10 month period is considered as a break in continuous residency (will be, if your answer to questions above is in the negative), wouldn't the ILR clock restart upon return to UK after this 10 month overseas assignment (breaking the 3 month rule?)?

regards

[Sushil-ACCA]

IF all salary paid in uk and taxes paid than it is not leave

it is employment and you should be fine

[simpletonme70]

Hi All,

Thank you so much for your responses.

Yes, my WP was valid when I was sent on an assignment and my salary was being paid here in my UK bank account. So, I am assuming that I there was no break in my leave to remain.

I am still a li'l bit confused about 4 / 5 yrs eligibility for WP holders. Would somebody having a WP granted in 2004 be okay to apply for ILR after 4 yrs (as in my case) OR is it 5 yrs?

Thanks again for the responses.

Kind Regards
Simpleton

[paulp]

It's now 5 years for everybody.

[jei2]

Before dishing out your hard earned cash to the Home Office, try and check with your employers that they sent all your extensions in on time.

You could still have gotten your work permit if the application went in a little late. But it would count as a break in leave and this might lead to a refusal.

[geriatrix]

So, I am assuming that I there was no break in my leave to remain.

When processing ILR, a break in continuous residence in UK is evaluated (that is why you have the 30day limit per year and 225 day limit in 5 years - on absences).

A break in leave to remain would normally lead to an outright refusal.

regards

[simpletonme70]

When processing ILR, a break in continuous residence in UK is evaluated (that is why you have the 30day limit per year and 225 day limit in 5 years - on absences).

A break in leave to remain would normally lead to an outright refusal.

regards

Hi Sushdmehta,

I would imagine the 225 day limit pertains to personal holidays (absences) from UK and may not be for business purposes. I feel, if an employee's work involves lending expertise in other centres of the parent company for "X" duration of time to increase the company's turnover and as long as he/she is within the WP period, then it should not be considered as a break in continuous residence. Please correct me if I am wrong.

Kind Regards
Simpleton

[katrina]

Hi

Is it 225 days now for 5 years . please confirm this.

[Thambi]

My understanding is below, pls correct if wrong or risky

It was 180 days for 4 yrs and hence it must be 45 days per year. That calculation extended makes it 225 for 5 yrs.

But I think less than 60 to 90 days in any year is acceptable (accounting to 225 for 5 yrs) but its better you don't do it in the last year of your application. Exception cases will be treated based on proof and letter from your employer.

I have definitely heard of WP must not have break but NOT SURE about if the tax payment is must in UK during you ABSENCE. Is there any concrete reference section to this.

Hi

Is it 225 days now for 5 years . please confirm this.

[simpletonme70]

Hi Thambi,

I still think that the 225 days criteria is for the holidays (if) taken outside UK and would not entail any work/business trips. Otherwise, it might not be possible to take up the international side of work, which I think, in this day and age is almost essential (depending on the work). I have not come across any reference but I think the best indicator would be if someone on this board has got an ILR even though they had crossed the 180/225 days criteria and who would have been spent time away from UK work related.

Regards,
Simpleton