90 days outside UK period

tryingforpr · Post by **tryingforpr** » Mon Nov 02, 2009 1:01 pm

Hi,

I am really confused whether the 90 day outside UK period is within last 12 months or within the entire 5 years. I came to UK in Jan 2005 and then left in Dec 2006 (1 year 11 months stay in UK) for 6 months on business visit. Then resumed UK again in May 2007; and till then I am in UK continuously.

Do I qualify for permanent residency? Should I apply in Jan 2010? Does any one know similar case like this.

Thanks.

Post by **vinny** » Tue Nov 03, 2009 10:16 am

Under what category?

tryingforpr · Post by **tryingforpr** » Tue Nov 03, 2009 10:30 am

HI,

I was working on work permit for 1st 4 years; and now I am on Tier1 since July 2008.
In my business visit (6 months long) there was a change in work permit as well.

Regards,
Rahul.

f2k · Post by **f2k** » Tue Nov 03, 2009 6:06 pm

tryingforpr wrote:HI,

I was working on work permit for 1st 4 years; and now I am on Tier1 since July 2008.
In my business visit (6 months long) there was a change in work permit as well.

Regards,
Rahul.

Did you change companies? why was there need to change work permits?
Did you apply for another entry clearance whilst outside the country or did you change in country (on your return)/

tryingforpr · Post by **tryingforpr** » Tue Nov 03, 2009 7:23 pm

No, I havent change company; I went to train juniors and built the team in India and then return to work for same company in the UK. During my stay in India my wp expired so my company filed for different work permit. I was working for the same company for 4 years.

Here is my living history in the UK....

First came to UK on 31-01-2005
Holiday in India â€“ from 24-12-2005 to 15-01-2006 (3 weeks)
Return to UK on 16 â€“ 01-2006 to resume work
Business visit to India â€“ 25-10-2006 to 01-05-2007 (6 months training in India offices. In this period I was working for the same company and I was on Indian payroll)
Work permit change and back to UK to work for the same client in the UK â€“ 02-05-2007
Tier1 Approval â€“ Since 03-07-2008
Holiday in India - 11-10-2008 to 02-11-2008 (3 weeks)

I have company letter saying I was working in India for above period from my employer. Can I apply for PR in Jan 2010?

Thanks
xxx

f2k · Post by **f2k** » Tue Nov 03, 2009 8:49 pm

when did the first permit expire and when did you get approval for the second one? Also the same for your entry clearance

tryingforpr · Post by **tryingforpr** » Tue Nov 03, 2009 9:20 pm

20-01-2005 to 20-01-2006 1st wp (Reached UK on 30-01-2005)
residence permit till jan 07

05-02-2007 to 05-02-08 2nd wp (Resumed UK office on 02-05-2007)
residence permit 05 dec to dec 2012

Tier1 approval uly 2008 till July 2011

Regards.

f2k · Post by **f2k** » Wed Nov 04, 2009 1:37 pm

Sorry it is not clear from your post and i think there is a typo as well.

WP no.1 issued 20-01-2005 to 20-01-2006? is this correct or did you mean 2007?

WP no2 issued 05-02-2007 - 05-02-2008
Residence permit is that issued 05 Dec 2007? to Dec 2012?

when did you renew your residence permit

tryingforpr · Post by **tryingforpr** » Wed Nov 04, 2009 2:01 pm

No, its not a typo....

WP no.1 issued 20-01-2005 to 20-01-2006? - Yes 1 year validity
then wp got renewed in Sep/Oct 2005 (I guess called as residence permit) to Jan 2007

but I went on training (business visit for the same company) on Oct 2006 till Apr 2007

WP no2 issued 05-02-2007 - 05-02-2008 - Yes 1 year validity
Resumed UK office on 02-05-2007 on wp2
Residence permit is that issued 05 Dec 2007? to Dec 2012? - YES

Now I am on Tier1 since July 2008

Regards,

f2k · Post by **f2k** » Wed Nov 04, 2009 2:17 pm

ok i am a bit more clear now. only that residence permit and wp are slightly 2 different things. the residence permit would be the stamp in your passport which you get after you apply for an extension or new leave to remain from incountry
what about the stamps / visa/ residence permits in your passport.
When did the first entry clearance start and expire and if you renew it when did the second or subsequent ones start and expires

tryingforpr · Post by **tryingforpr** » Wed Nov 04, 2009 2:27 pm

I will try to elaborate

WP no.1 issued 20-01-2005 to 20-01-2006? - [color=red]I reached UK on 30-01-2005 [/color]
then wp got renewed in Sep/Oct 2005 (I guess called as residence permit) to Jan 2007 - [color=red]1 year extension[/color]

but I went on training (business visit for the same company) on Oct 2006 till Apr 2007 - [color=red]Total 189 days business visit; in this period residence permit was expited hence my company filed new wp[/color]

WP no2 issued 05-02-2007 - 05-02-2008 - 1 year validity
Resumed UK office on 02-05-2007 on wp2
Residence permit is issued 05 Dec 2007 to Dec 2012? - [color=red]4 years validity[/color]

But then I changed from wp to tier1 from July 2008 - till July 2011

Apart from 189 days business visit; I have few paid holidays in europe/india... (Approx 60 paid holidays in last 5 years)

I have all letters, p60s, bank balances, pay slips..My worry is 189 days continuous business visit, do I qualify???

Let me know if you need further info...

Thanks & Regards.

tryingforpr · Post by **tryingforpr** » Fri Nov 06, 2009 4:22 pm

Hi Experts,

Any feedback?

Thanks

racingfire · Post by **racingfire** » Sun Nov 08, 2009 10:54 am

Hi tryingforpr,

As per details you have given here, i don,t think so there will be any problem in your ILR, you need a letter from your employer that your stay outside UK was your job requirement and one more important thing is that you have to show your payslips that you was paid for that time while you was in india. I have read similar cases on this forum where ILR was granted, even they have more than 189 days gap due to business trips. but you need all documentation for it. I hope there will be no problem in your case.

tryingforpr wrote:No, I havent change company; I went to train juniors and built the team in India and then return to work for same company in the UK. During my stay in India my wp expired so my company filed for different work permit. I was working for the same company for 4 years.

Here is my living history in the UK....

First came to UK on 31-01-2005
Holiday in India â€“ from 24-12-2005 to 15-01-2006 (3 weeks)
Return to UK on 16 â€“ 01-2006 to resume work
Business visit to India â€“ 25-10-2006 to 01-05-2007 (6 months training in India offices. In this period I was working for the same company and I was on Indian payroll)
Work permit change and back to UK to work for the same client in the UK â€“ 02-05-2007
Tier1 Approval â€“ Since 03-07-2008
Holiday in India - 11-10-2008 to 02-11-2008 (3 weeks)

I have company letter saying I was working in India for above period from my employer. Can I apply for PR in Jan 2010?

Thanks
xxx

tryingforpr · Post by **tryingforpr** » Sun Nov 08, 2009 12:27 pm

thanks racingfire....

ok, i will ask my previous employer to issue payslips for the 6 month period; I have left my employer 7 months before; but i hope there should not be any problem.

I guess making personal application at Birmingham ILR office should be more beneficial for me; so that they can review my application and I will have little window to explain my case...what do u reckon???

Regards,
XXXX

racingfire · Post by **racingfire** » Sun Nov 08, 2009 12:54 pm

hi,

I don,t think so you can apply in person, if you have continous gaps more than 6 months, than you have to apply by post, if you will go in person they will ask you to apply by post, make sure you have a detailed covering letter to expalin whole matter when you will appply by post.

tryingforpr wrote:thanks racingfire....

ok, i will ask my previous employer to issue payslips for the 6 month period; I have left my employer 7 months before; but i hope there should not be any problem.

I guess making personal application at Birmingham ILR office should be more beneficial for me; so that they can review my application and I will have little window to explain my case...what do u reckon???

Regards,
XXXX

tryingforpr · Post by **tryingforpr** » Sun Nov 08, 2009 1:32 pm

I have seen few cases, where people have applied in person in this forum only and they had gaps upto 244 days. Do you think its worth taking a chance and apply in person; if they say apply by post then ne ways I do not have any option.

Regards,
XXXXX

racingfire · Post by **racingfire** » Sun Nov 08, 2009 6:17 pm

Yes in some cases applicants got thier ILR in same day with gaps , but continous gap in one go is a different thing. But its not a bad idea to take a chance. The best option is to call HO first and ask them before applying, it will save your time and money.

tryingforpr wrote:I have seen few cases, where people have applied in person in this forum only and they had gaps upto 244 days. Do you think its worth taking a chance and apply in person; if they say apply by post then ne ways I do not have any option.

Regards,
XXXXX

tryingforpr · Post by **tryingforpr** » Sun Nov 08, 2009 7:21 pm

I tried calling their office; but it keeps on ringing and if its a call centre no; am not sure if its a call centre or what; and how much you can trust their answer as usually they have a pre defined script....I feel if I send it by post; they will reject my application....

tryingforpr · Post by **tryingforpr** » Mon Nov 09, 2009 2:35 pm

hi racingfire...

After 20 mins of waiting time; I finally spoke to HO (I am not sure who they are; case workers or call centre reps); I told her I have 189 days gap in between 5 years; she said whether u were employed by same compnay and you were paid in Uk; it does not matter how long you were out side of UK. I told her I was paid in India; she said do you have pay slips and if you can prove that was official trip; you should be OK.

Then I asked her is this a complex case and should I apply only by post; she replied its entirely upto me; it does not matter; as far as I provide all document; it should be OK but case worker will decide whether I qualify or not......

racingfire · Post by **racingfire** » Mon Nov 09, 2009 7:19 pm

Hi tryingforpr,

I told you that if you will prove that this was a official trip then you will be OK ,

Did you tell her that your gap (189 days ) was in one go, and if she said thats no problem then i think so there will be no problem in your case, you will be OK to go in person.

Best of luck

tryingforpr wrote:hi racingfire...

After 20 mins of waiting time; I finally spoke to HO (I am not sure who they are; case workers or call centre reps); I told her I have 189 days gap in between 5 years; she said whether u were employed by same compnay and you were paid in Uk; it does not matter how long you were out side of UK. I told her I was paid in India; she said do you have pay slips and if you can prove that was official trip; you should be OK.

Then I asked her is this a complex case and should I apply only by post; she replied its entirely upto me; it does not matter; as far as I provide all document; it should be OK but case worker will decide whether I qualify or not......

tryingforpr · Post by **tryingforpr** » Mon Nov 09, 2009 7:31 pm

Hi racingfire,

Yes, you were right....

I guess I told her that it was a continuous gap; actually she interrupted me and said it doesnt matter; how long you were outside UK but if you paid in UK its OK; then I said I was paid in India; she said if trip was official and can you prove that; yes I said I have payslips....then she said its OK but case worker will decide....

By any chance do you know who they are; call centre reps or jr case workers?

Regards,
XXXXX

racingfire · Post by **racingfire** » Tue Nov 10, 2009 7:37 am

They are not case workers, they are just advisors but they have answers for all queries, if sometime they are not sure about anything then ask you to hold and discuss with thier seniors, Don,t worry, thier information and advise is reliable and accurate.

tryingforpr wrote:Hi racingfire,

Yes, you were right....

I guess I told her that it was a continuous gap; actually she interrupted me and said it doesnt matter; how long you were outside UK but if you paid in UK its OK; then I said I was paid in India; she said if trip was official and can you prove that; yes I said I have payslips....then she said its OK but case worker will decide....

By any chance do you know who they are; call centre reps or jr case workers?

Regards,
XXXXX

tryingforpr · Post by **tryingforpr** » Tue Nov 10, 2009 4:29 pm

Hi racingfire,

I am not sure whether you have noticed this or not so wanted to take your advice on this. I have 15 days gap in 2 work permits. 1st residence permit was expired on 20th Jan 2007 while 2nd WP started on 05-Feb-2009.
Do I need to do some thing for this as well? I know lot of people have gaps in their WPs; and their application was successful.

Regards,
XXXXXX

racingfire · Post by **racingfire** » Tue Nov 10, 2009 8:45 pm

Where you was residing in this gap?
need more information?

tryingforpr wrote:Hi racingfire,

I am not sure whether you have noticed this or not so wanted to take your advice on this. I have 15 days gap in 2 work permits. 1st residence permit was expired on 20th Jan 2007 while 2nd WP started on 05-Feb-2009.
Do I need to do some thing for this as well? I know lot of people have gaps in their WPs; and their application was successful.

Regards,
XXXXXX

SING_IT · Post by **SING_IT** » Mon Nov 16, 2009 6:20 pm

Hi,

I was told my friend that immigration will only have the details of the day you came in to the country and not the details of the day you went out of the country. for example if I went out of UK on 1st June 2009 and came back on Nov 10 2009. In the application rather than mentioning that I was away for more than 3 months and give reasons, can I just say I was out on Oct 15 2009 and back on Nov 10 2009.

I am not sure if this will be fine. Please let me know.

Regards,
S

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90 days outside UK period

90 days outside UK period

Period outside UK