ILR Query - Days outside the UK

[Mylogin]

Hi,

I have a query on ILR eligibility for days outside the UK. Can seniors/experts help me?

I came to the UK in Feb 2006 on HSMP valid for 1 yr which got extended subsequently for another 4 yrs, i.e. still Jan 2011 (I got the initial Visa in Jan 2006, though I came 1 month later)

I was working in the UK from Feb 2006 to July 2009 but I had to leave in July 2009 due to some personal reasons.

I am coming back in Feb 2010, starting a new job.

I do have a FLR till Jan 2011, any suggestions what should I do after that -

Should I try to apply for ILR - I do understand that since I was out of the UK for > 180 days, my application can be rejected - can someone confirm this or do I stand chance?

Assuming that I wont be able to get ILR - what options do I have -

Do I need to apply for a fresh Tier 1 application?
Or, can I extend my initial HSMP application for another 5 years?
- For this do I still need to have all the points as mentioned in Tier 1 application, if not what all documents I need to provide?

I understand I have asked many questions but any guidance in this regard will be helpful for me to take my decision.

Thanks in advance

[anooppunshi]

Hi Mylogin (Sorry don't know your name)

As you can see that I am a Newbie has well. So don't have much experience with these issues. However, because I am also facing a similar problem, I think I am qualified to discuss this issue wiht you.

My understanding is that there are two requirements for ILR with regards to absences from UK during the 5 year residency period (Both of which are only mentioned in the case worker guidance only and not the actual immigration law):

1- You should not be absent from UK for more than 90 days in any single trip during these 5 years
2- You should not be absent from UK for a total of 6 months in total during these 5 year

I think you are caught by the first clause but I am caught by the second clause. I came to UK in October 2005 on a work permit. In 2007 I switched to HSMP which has now been converted into Tier 1 (all these categories are eligible for settlement). During last 4 years and 4 months I have gone out of UK for 254 days so far, mostly for paid holidays (I am an accountant and I get 34.5 working days annual vacation from my employer). Only 12 of these 254 days were business related trips.

So just like you I request the experts to kindly advise me whether I should apply for my ILR (in October 2010) or consult an immigration lawyer to see if there is any way out.

Regards

Anoop

[gidoc]

This is my undertstanding of the absences:
1.You can justify absences if they are work related, if you have a letter from your employer.Some people have managed with >90 d absences as well.
2.If a single absence is >90 days, not 180d, it becomes more tough, however, you may get by if you were paid in UK and paid NI.
3.Total absences>180 d, are more tricky, if not work related and its upto the case worker. You may be advised to apply by post.
4.Total personal absences<180d and any single personal absence<90d , is the best to have. If either of this is breached and is not work related, best to get in touch with a lawyer or wait for longer.
Hope this helps.

[Mylogin]

Thanks guys for your replies -

I have kind of accepted that i wont be able to get ILR owing to my leave exceeding the permissible limits and I am more interested in the options after that.

If I send the ILR request and it is rejected, what is the next best option I have? Do I need to apply for a fresh Tier-1 visa or I can get my initial one extended for some years? If yes, then how many years and what all document I need to furnish?

If someone can throw a light on this it will be really helpful.

Thx in advance.

[geriatrix]

If I send the ILR request and it is rejected, what is the next best option I have?

Given your absence of about 7 months your ILR application is bound to be rejected.

Apply for further leave to remain (extension). Use this form and guidance.

regards

[rajivbravo]

Mylogin,

If you can prove your personal reasons are due to sickness or any other genuine unavoidable reason you still have a chance ....but guess no WP breaks are allowed.

Hi,

I have a query on ILR eligibility for days outside the UK. Can seniors/experts help me?

I came to the UK in Feb 2006 on HSMP valid for 1 yr which got extended subsequently for another 4 yrs, i.e. still Jan 2011 (I got the initial Visa in Jan 2006, though I came 1 month later)

I was working in the UK from Feb 2006 to July 2009 but I had to leave in July 2009 due to some personal reasons.

I am coming back in Feb 2010, starting a new job.

I do have a FLR till Jan 2011, any suggestions what should I do after that -

Should I try to apply for ILR - I do understand that since I was out of the UK for > 180 days, my application can be rejected - can someone confirm this or do I stand chance?

Assuming that I wont be able to get ILR - what options do I have -

Do I need to apply for a fresh Tier 1 application?
Or, can I extend my initial HSMP application for another 5 years?
- For this do I still need to have all the points as mentioned in Tier 1 application, if not what all documents I need to provide?

I understand I have asked many questions but any guidance in this regard will be helpful for me to take my decision.

Thanks in advance

[ChetanOjha]

Mylogin,
If you can prove your personal reasons are due to sickness or any other genuine unavoidable reason you still have a chance....

Any source of this info?