Do I stand a chance if I apply for the ILR?

[need_a_tier1]

Hello,

I first came to UK in 2004 on a 5 year work permit, but I left in mid 2005 due to my father's illness and also as the same time the company I was working for went insolvent and underwent an acquisition. I then went back to India and 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 or early next year (more than five years after I first entered the UK)?

I have P60s for all five tax years which in my case are 2004-05, 2005-06, 2006-07, 2007-08 and 2008-09.

My UK bank account was also active during the period I was in India and I have taken statements from my bank for the period I was out of the UK in 2005 & 2006.

I am pretty much sure that my previous work permit from 2004 was not cancelled as one of the immigration officers at Heathrow was giving me entry to the UK after looking at my previous work permit (from 2004) when I was coming back from my Holidays in India in 2007. I then pointed hime to my new work permit (from 2006). A reason for the work permit not being cancelled was that the company who sponsored my work permit went insolvent and no one bothered to inform the home office after that about the fact that I was no longer employed by them.

Do I stand a chance if I apply for the ILR this year or early next year?

[meats]

Weekends are included in days out of country so you can't deduct them, likewise with bank holidays. The only days you can deduct are the day that you left and the day that you returned.

And no, i don't think your ILR will be approved having spent the best part of a year and a half out of the country.

[need_a_tier1]

I know it is a silly question, but how do UKBA verify that I was out of the country in 2005 and 2006. If it is using the stamps on my passport, then it may not be completely possible as I have loads of schengen stamps on my passport due a quite a few business trips I have had in the past couple of years and it is now not very clear to make out the exit and entry dates from the stamps as many of then are overlapping.

I have all the five P60s as well.

Also, can I cite my father's illness as an unavoidable situation due to which I had to leave the country?

[meats]

I know it is a silly question, but how do UKBA verify that I was out of the country in 2005 and 2006. If it is using the stamps on my passport, then it may not be completely possible as I have loads of schengen stamps on my passport due a quite a few business trips I have had in the past couple of years and it is now not very clear to make out the exit ad entry dates from the stamps as many of then are overlapping.

I have all the five P60s as well.

You'd still be stamped coming into the UK and you'd have been stamped into the country that you first went to when leaving the country.

[Wanderer]

I know it is a silly question, but how do UKBA verify that I was out of the country in 2005 and 2006. If it is using the stamps on my passport, then it may not be completely possible as I have loads of schengen stamps on my passport due a quite a few business trips I have had in the past couple of years and it is now not very clear to make out the exit and entry dates from the stamps as many of then are overlapping.

I have all the five P60s as well.

:?

You should request ur SAR from the HO, it will show their version of when you exited and entered the UK.

[need_a_tier1]

You'd still be stamped coming into the UK and you'd have been stamped into the country that you first went to when leaving the country.

Yes, but how to UKBA verify the stamps. DO they have information about my entry and exits from the country on their systems or do they just look at the stamps and try to work out the number of days/years I have spent in the UK?

[meats]

You'd still be stamped coming into the UK and you'd have been stamped into the country that you first went to when leaving the country.

Yes, but how to UKBA verify the stamps. DO they have information about my entry and exits from the country on their systems or do they just look at the stamps and try to work out the number of days/years I have spent in the UK?

They can check with some countries if they wanted to, however you haven't been stamped into the UK so it becomes pretty obvious that you weren't in the country. Say you got a stamp from France on 1 Jan 2005 but the next UK stamp wasn't until 1 March 2006 then it doesn't take a rocket scientist to work out that you were out of the country for at least that period.

[need_a_tier1]

I got it, I will request the SAR from UKBA. Thanks!!

Also, can I cite my father's illness as an unavoidable situation due to which I had to leave the country?

[meats]

I got it, I will request the SAR from UKBA. Thanks!!

Also, can I cite my father's illness as an unavoidable situation due to which I had to leave the country?

Depending on how bad it was yes, however it can't be used to justify a year and a half's absence.

[need_a_tier1]

They can check with some countries if they wanted to, however you haven't been stamped into the UK so it becomes pretty obvious that you weren't in the country. Say you got a stamp from France on 1 Jan 2005 but the next UK stamp wasn't until 1 March 2006 then it doesn't take a rocket scientist to work out that you were out of the country for at least that period.

The point is that, as I have loads of stamps on my passport due to 20+ business trips in the past couple to years, the stamps from 2004 and 2005 are not very legible any more as they have been overlapped by the newer schengen stamps.

[meats]

They can check with some countries if they wanted to, however you haven't been stamped into the UK so it becomes pretty obvious that you weren't in the country. Say you got a stamp from France on 1 Jan 2005 but the next UK stamp wasn't until 1 March 2006 then it doesn't take a rocket scientist to work out that you were out of the country for at least that period.

The point is that, as I have loads of stamps on my passport due to 20+ business trips in the past couple to years, the stamps from 2004 and 2005 are not very legible any more as they have been overlapped by the newer schengen stamps.

They will still know when you've entered the country as it would also have been recorded on the system.

[Sushil-ACCA]

You can take a chance in post at a cost of visa fee

there is no sure answer for this

[need_a_tier1]

Depending on how bad it was yes, however it can't be used to justify a year and a half's absence.

It was quite difficult to find a job again in the UK (sitting in India), I searched for a job for almost an year, received an offer finally and came back to the UK after my new work permit and then the visa were processed (which took ages around 4 months for the whole process).

[meats]

Depending on how bad it was yes, however it can't be used to justify a year and a half's absence.

It was quite difficult to find a job again in the UK (sitting in India), I searched for a job for almost an year, received an offer finally and came back to the UK after my new work permit and then the visa were processed (which took ages around 4 months for the whole process).

That's not a reason for being out of the country for year and claim exceptional circumstances.

[need_a_tier1]

You can take a chance in post at a cost of visa fee

there is no sure answer for this

How about going to one of the PEOs? Or, Do I stand a better chance if I apply by post?

[Sushil-ACCA]

HO staff at PEO are good but some have very less patient and knowldge to understand techniclaites and sensivity of situation

in post u can write all facts and they have good time to go through it

[need_a_tier1]

HO staff at PEO are good but some have very less patient and knowldge to understand techniclaites and sensivity of situation
in post u can write all facts and they have good time to go through it

I should not ask this probably, but do you think there will be less stricter checks if I apply in person at the PEO mainly due to the fact that the time frame in which they need to verify my application will be limited, and I have all five P60s and all payslips (for the months I have worked in the UK).

On the other hand, if I apply by post, the case worker will have all the time in the world to verify and cross-verify my application and then finally reject it.

I will, however, request a SAR before applying and see what information will the PEO staff look at when I go in person there.

[Wanderer]

HO staff at PEO are good but some have very less patient and knowldge to understand techniclaites and sensivity of situation
in post u can write all facts and they have good time to go through it

I should not ask this probably, but do you think there will be less stricter checks if I apply in person at the PEO mainly due to the fact that the time frame in which they need to verify my application will be limited, and I have all five P60s and all payslips (for the months I have worked in the UK).

On the other hand, if I apply by post, the case worker will have all the time in the world to verify and cross-verify my application and then finally reject it.

I will, however, request a SAR before applying and see what information will the PEO staff look at when I go in person there.

If u go to PEO u will waste £200, the person on the desk will only deal with straightforward applications, take ur £1020 off you, see it's a 'hard' one and send it to the back office with all the rest of the postal apps.

[need_a_tier1]

If u go to PEO u will waste £200, the person on the desk will only deal with straightforward applications, take ur £1020 off you, see it's a 'hard' one and send it to the back office with all the rest of the postal apps.

Thanks for your advice, I think its better to apply by post then.

One more thing, as I mentioned earlier, I will apply for a SAR from HO - but it is mentioned on UKBA website that a SAR request takes 40 days to be processed - not sure why it takes so long - I am a bit worried that placing a SAR request will trigger collection of data for my entry and exists to/form the UK which will not be (completely) there if I do not request a SAR and straight away apply for ILR.

Just looking to understand that how UKBA works out the entry and exists to from the UK for an individual, and whether applying for SAR will prove advantageous or disadvantageous for me.

[PaperPusher]

In total I was absent for 464 days from the UK between 2005 and 2006.

The only reason I can think that you want a copy of your file is if you are planning to use deception. If you know when you were out of the UK just tell the truth. You out of the UK for 15 months in one go. In addition you frist came to work for one employer and then came back to the UK with a work permit for another employer.

You are not eligible for ILR. If you also have other business trips and the 50 days holiday, then add those too and you can see your situation.

You also will get no right of appeal when it is refused.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

[need_a_tier1]

The only reason I can think that you want a copy of your file is if you are planning to use deception. If you know when you were out of the UK just tell the truth. You out of the UK for 15 months in one go. In addition you frist came to work for one employer and then came back to the UK with a work permit for another employer.

You are not eligible for ILR. If you also have other business trips and the 50 days holiday, then add those too and you can see your situation.

What if I apply and 'state all the facts as they are' in my application - which I have to fill anyway in the SET(O) from - will that be called deception? I have a feeling that they might just approve the application given the experience I have had with HO/UKBA previously and the way they have processed my previous work permit and tier-1 applications.

If they approve the application, after I have stated all facts 'correctly' will it still be called deception?

Also, my initial question was "Do I stand a chance if I apply for the ILR" and not "what if I deceive".

[PaperPusher]

What if I apply and 'state all the facts as they are' in my application - which I have to fill anyway in the SET(O) from - will that be called deception? I have a feeling that they might just approve the application given the experience I have had with HO/UKBA previously and the way they have processed my previous work permit and tier-1 applications.

If they approve the application, after I have stated all facts 'correctly' will it still be called deception?

Also, my initial question was "Do I stand a chance if I apply for the ILR" and not "what if I deceive".

I don't understand what you mean by stating all the facts 'correctly', tell the truth and that is it. I don't understand what you mean when you said that you will 'state all the facts as they are'. If you mean that you will get a copy of your file and only put down what is in there rather than be completely honest, well I think that would be a mistake.

I have a feeling you will be refused ILR based on the policy document I quoted from and the link I gave in my last post.

None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

Anyway, it is your money.

[taliska]

It's your money but you do not have a strong enough(not even close) case for being granted ILR. I know you want to escpape the new rules but the Home office will most definitely refuse your application. Others have been refused for less than what you state

[f2k]

[quote="PaperPusher"....ion.

What if I apply and 'state all the facts as they are' in my application - which I have to fill anyway in the SET(O) from - will that be called deception? I have a feeling that they might just approve the application given the experience I have had with HO/UKBA previously and the way they have processed my previous work permit and tier-1 applications.

If they approve the application, after I have stated all facts 'correctly' will it still be called deception?

Also, my initial question was "Do I stand a chance if I apply for the ILR" and not "what if I deceive". [/quote]

'state all the facts 'as they are''....'what if I deceive'...

I am a bit worried you might be embarking on dangerous path. Here is the fact as the caseworker might see it based on what you have said so far.

You were made redundant in mid 2005, then left for home, applied for a new visa from home a year and half later and then came to the UK. I think you want to leave out some facts and hope that the HO wont pick up on it.

I think its more than about just your money which you will probably lose, it think the risk of being 'done' for deception is very high as well. The thing is we dont really know what checks they will do or what mood the caseworker could be in and how they would look at you nor being entirely honest.

What i cant understand is why you want to risk everything like that