ILR large absences due to work

Romby · Post by **Romby** » Tue Dec 22, 2009 11:41 pm

Dear all,

I joined a project in UK in Oct 2004 on WP. I have been out of country for 18 months between 2007 and 2008.

Am I eligible for ILR.
Please advise me.

Post by **ChetanOjha** » Wed Dec 23, 2009 11:05 am

Romby wrote:Dear all,

I joined a project in UK in Oct 2004 on WP. I have been out of country for 18 months between 2007 and 2008. I got letter from my employer stating that, 18 months absence in UK is due to deputation. I was paid salary in local currency during that period.(SGD/INR)

Am I eligible for ILR.
Please advise me.

Don't think you are eligible. If you were deputed why your company was not paying you any amount in UK? Besides, did you had valid visa for these 18 months?

pkumar · Post by **pkumar** » Wed Dec 23, 2009 5:54 pm

Unfortunately no... one of my friends applied with 5 months on deputation (indian IT) and he was rejected.
If you can show you getting paid in UK and paying NI then it should be fine but even then 18 months is pushing your luck.
all the best.

Romby · Post by **Romby** » Wed Dec 23, 2009 11:32 pm

pkumar/chetanojha, thanks for your valuable suggestions. btw I was not paid in UK. I had valid work permit since Oct 2004. but the difficulty is due this 18 month deputation. Client and my company has agreed and sent me to Singapore for 1 yr, paid me in SGD, and then to India. I came back to UK in Sep 2008.

Post by **ChetanOjha** » Thu Dec 24, 2009 11:04 am

I doubt your ILR. It is best to contact solicitor for the same. I never came across any such case earlier.

Romby · Post by **Romby** » Thu Dec 24, 2009 1:30 pm

thanks chetanojha. Infact I have contacted one solicitor. They were much bothered about their fee. Lost 150 bucks. I went to them only after they told me that it is possible to get ILR.
I was also on another WP before. from 30-May-2003 to 24-Aug-2003. 15-Dec-2003 to 14-Aug-2004.
My WP has never got any break at any stage since 30-May-2003. Difficulty is with absences only. Will caseworker not consider aggregate stay. (for 5yrs).
Thanks in advance.

Post by **ChetanOjha** » Thu Dec 24, 2009 1:53 pm

Romby wrote:thanks chetanojha. Infact I have contacted one solicitor. They were much bothered about their fee. Lost 150 bucks. I went to them only after they told me that it is possible to get ILR.
I was also on another WP before. from 30-May-2003 to 24-Aug-2003. 15-Dec-2003 to 14-Aug-2004.
My WP has never got any break at any stage since 30-May-2003. Difficulty is with absences only. Will caseworker not consider aggregate stay. (for 5yrs).
Thanks in advance.

As far as I know it is 180 days out of UK in 5 years period and 90 days in the last year of the eligiility period.

Better go with solicitor who take your case for no-win no-fee basis.It is good to spend Â£150-Â£200 instead of risking application fee. I will pm you some solicitor's info who have some good cases under their belt. If you like you can either email them or call them to discuss. Many people from my company has done through them.

Some reference from this forum:

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

http://www.immigrationboards.com/viewto ... 105#133105

http://www.immigrationboards.com/viewto ... hlight=450

http://www.immigrationboards.com/viewto ... hlight=450

http://www.immigrationboards.com/viewto ... 738#214738

Romby · Post by **Romby** » Thu Dec 24, 2009 6:50 pm

thanks.

rg1 · Post by **rg1** » Fri Dec 25, 2009 12:21 pm

Don't count on it.

I had only 8 months of gap. Went to a lawyer and they just refused to take up my case as they said I wouldn't just get ILR with more than 6 months of continuous stay outside UK [unless my salary was paid in UK].

That was in 2006. Now rules are even more strict.

After that I got my ILR by spending 5 continuous years of stay.

Romby · Post by **Romby** » Mon Jan 11, 2010 10:26 pm

chetanojha, thanks for details provided, but I didn't find sufficient time to contact them and my appointment was due today. I took risk and went for it. They have considered all my aggregate stay. I got ILR stamped.

Post by **ChetanOjha** » Mon Jan 11, 2010 11:14 pm

Romby wrote:chetanojha, thanks for details provided, but I didn't find sufficient time to contact them and my appointment was due today. I took risk and went for it. They have considered all my aggregate stay. I got ILR stamped.

Excellent New..!! Congrates. Please share details of the documents which you have submitted.

brandnew · Post by **brandnew** » Tue Jan 12, 2010 1:57 pm

Hi Romby,
First of all Congratulations.... You made it

Can you please provide more details if possible?
1) Did you mention the 18 months period as absences in application form?
2) What document did your provide for that period, pay slips etc
3) Did they question you on your abscenses?

Your reply will be greatly appreciated.

Romby · Post by **Romby** » Tue Jan 12, 2010 2:30 pm

I have provided all my WPs
Life in UK pass
payslips
bank statements
I have mentioned all my absences .. they have discussed with SEO and said it's fine.
as I have worked with same work permit since past 5 yrs, probably that might have fetched me

srm · Post by **srm** » Sat Jan 16, 2010 11:38 pm

Hi Rombi,

Congrats for your ILR

I also have a similar case. If you don't mind can you share what you had written in covering eltter.

Did you mentioned that for 18 months you were getting paid in India and Singapore.

I'll appreciate if you can reply ASAP so that i can prepare my case.

Thanks in advance

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR large absences due to work

ILR large absences due to work

Re: ILR large absences due to work

Re: ILR large absences due to work

covering letter..