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Do I stand any chance for the ILR?

General UK immigration & work permits; don't post job search or family related topics!

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need_a_tier1
Member
Posts: 212
Joined: Tue Jul 15, 2008 10:00 pm

Do I stand any chance for the ILR?

Post by need_a_tier1 » Thu Jul 30, 2009 10:51 pm

Hello,

I first came to UK in 2004 on a 5 year work permit, but I left in mid 2005 as the company I was working for went insolvent. I then went back to India. I took a job in India after reaching there.

I then came back to the UK on a different UK work permit (again valid for 5 years) in Fall 2006.

In total I was absent for 464 days from the UK between 2005 and 2006. However, I have not excluded weekends and bank holidays in this calculation, as has been suggested by a few members in other threads. I am not very sure if weekends and bank holiday exclusion for calculating absences is a definite rule or not.

Apart from this I have been out of the UK on holidays for around 25 days in 2004-2005 and again for around 25 days in total between 2006-2007-2008.

Is there any chance of getting ILR if I apply this year (five years after I first entered the UK)?

bani
Senior Member
Posts: 796
Joined: Thu Oct 28, 2004 10:01 am
Location: UK
Contact:

Post by bani » Thu Jul 30, 2009 11:46 pm

Sorry. No, 464 days is too big a gap. But even if it were smaller, the fact that it is a different work permit with a gap in the middle means you reset your residency clock for ILR. So your new start date is Fall 2006.

magsi23
Member of Standing
Posts: 479
Joined: Mon May 28, 2007 11:58 pm

Re: Do I stand any chance for the ILR?

Post by magsi23 » Thu Jul 30, 2009 11:53 pm

need_a_tier1 wrote:Hello,
However, I have not excluded weekends and bank holidays in this calculation, as has been suggested by a few members in other threads.
You can not exclude weekends and bank holidays, it will be counted as absence.
Magsi

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Fri Jul 31, 2009 2:34 pm

No chance I would say. Why? Well basically in your case your WP (1st) became invalid when you left your job. When you came back a year or so later your clock was back to zero so I am afraid you have to wait to for 5years from this second visit which is sometime in 2011 to apply for ILR or probationary citizenship which is currently scheduled to be in place by then

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