ILR - Query on Absence from UK over 5 year period

[sherkhan297]

Hi,

I had a query on the qualifying period for the ILR - number of days you can be away from the UK.

I understand that there are certain number of days within the last 5 years that the applicant can be abroad on work or leisure. 225 for a WP/Tier 1?

My query is as based on the scenario below,

I have been in the UK since September 2006, (entered with a 2 year WP) and had been abroad only for a period of 33 days until August 2008.

My work permit was then renewed in the UK for a further 2 years (now valid unitl June 2010) and I was away from the UK from August 2008 for a period of 104 days on official work and returned to the UK on the same valid work permit in November 2008 (Not a new permit, the same one used since 2006 and renewed in 2008). During this 3 month and 10 day period, I was paid abroad and not in the UK due to the company policies.

As mentioned, I have been in the UK since Sept 2006, and wanted to know if the absence of 104 days is considered as a break as it was on official work and I returned on the same visa? The point to note is that I was working for the same company, on the 'same' visa (which was renewed while I was in the UK) with no new visa issued all along and still continue to work for the same company after my return in November 2008 to date.

The total number of days I have been away is 158 days in the last 3 years and 2 months since my first entry into the UK in Sept 2006. I am well within the total number of days that the applicant is allowed to stay abroad during a 5 year continuous period at the moment. (Which I assume is 225 days?)
I understand that >90 days abroad is a break as per the law but this was on work and paid abroad for the same company.
If my work period abroad is not considered a break, I would qualify and need to apply for ILR in 2011.

In short , my questions are

1) Does being paid abroad for a short period by the company you are working for constitute a break as this time abroad was official and work related ?

2) Does the stay abroad of 3 months 10 days constitute a break as even though there was no change in visa and I returned on the same visa Or will my qualifying period have to start all over again since my entry after the 3 months 10 days in November 2008?

If anyone else has faced a similiar situation and is aware, please do share your experience. Any advise would be greatly appreciated.

Sorry, I also posted this in the general section, but thought it might be better to place the query in the ILR section

Thanks,

[pkumar]

Basically, many people working for offshore companies have same issue and unless you are paid in UK it is tough .... immigration officer's are well aware of these situation ... specially lots of IT people keep moving back and forth .... I would say be optimistic but realistic ... make sure u get paid in UK next time u were sent out of country for work ... remember if you read it say "under no circumstances should you cross 90 days .. though there can be exceptions are possible" ... now if you think case worker will think ur's special case? .....

[sherkhan297]

Thanks pkumar.. I understand that immigration might be aware of such situations and that there are many with the similar cases (with minor differences).
Was wondering if anyone has actually applied with such a background, I have described and have qualified? as I have been reading a few posts in the other sections and some have suggested that this break should be ok if payslips for that absence period and a company letter, although haven't read of anyone actually getting the ILR.

Also, As per the new rules (within the last 1 year) with offshore companies, any break in payroll will be a break in visa and you have to re-apply for a new visa (i.e even if your visa is valid for 2 more years, you would still need to get a new one if you re-enter UK) and this would surely be a break in stay. But my situation is a bit different, as this was before the new rules and the visa hasn't changed,hence wanted to know if anyone has experienced this?


yep..will need to be optimistic as you say

[komalmathur]

hi

did you apply and succeed in getting ILR ?

Thanks