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absence >90 days - what to do for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

rajivbravo
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Posts: 21
Joined: Tue Jan 19, 2010 4:36 pm

Post by rajivbravo » Wed Jan 20, 2010 6:25 pm

hi brandnew :)
I have spoken to my friend..and what he has suggested is that thrz nothing B&W and we are at mercy of Caseworker.... His caseworker even told him that don't consider it as a gap if your WP hasn't changed....
In any case you should get a letter from your company

I'll try my hand... once Life in uk is done.. i'll book an appointment.

And thanks Chetan ..you are doing a real great job...
brandnew wrote:Hi rajiv,
Mine is also similiar case, was away in India continuously for 5 months and i wasnt paid allowance in the UK ( we get Salary in India and allowance in the UK). I can get a letter from employer stating that 5 moths were due to business reasons. Your friends wh
o got ILR were of the same situation? Your response will be much appreciated. I have contacted some solicitors but they said they cannot gurantee but they can try.

brandnew
Junior Member
Posts: 97
Joined: Thu Nov 19, 2009 6:03 pm

Post by brandnew » Wed Jan 20, 2010 8:52 pm

Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

rajivbravo
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Posts: 21
Joined: Tue Jan 19, 2010 4:36 pm

Post by rajivbravo » Thu Jan 21, 2010 9:36 am

Yupps, that's what I am also doing. Remeber these are my personal opinion based on other's experience and not on any HO laid directives. Go ahead if you feel you should considering that. All d best.
brandnew wrote:Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

rajivbravo
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Posts: 21
Joined: Tue Jan 19, 2010 4:36 pm

Post by rajivbravo » Thu Jan 21, 2010 2:29 pm

For all those lost in a jungle like me ..here's another story

http://talk.uk-yankee.com/index.php?topic=46279.0;all


and how much a CaseWorker is important here is another story

http://www.ahooi.co.uk/post/45958347/ho ... ide-the-uk

http://www.entryclearanceservices.com/i ... eLeave.php


I am sure you must have had some clarification and lots of doubts .. so do I ... Happy Querying :)

brandnew
Junior Member
Posts: 97
Joined: Thu Nov 19, 2009 6:03 pm

Post by brandnew » Thu Jan 21, 2010 3:35 pm

good stuff rajiv,
Every time i read some thing on internet i get to know a new/confused thing. I didnt know that Life in the UK certificate is only valid after a week it has been issued!

I wish i get a nice and helpful caseworker when i apply!!
Any idea which PEO has high success rate for complicated cases(like yours or mine)?!

rajivbravo
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Posts: 21
Joined: Tue Jan 19, 2010 4:36 pm

Post by rajivbravo » Thu Jan 21, 2010 4:55 pm

How can u be that sure ... here is another quote from my friend..he got his appoint after 2 days...
Enjoy confusions.. but don't live with those :)

hmm interesting point...as of now no idea but yes you can ask for that information straight from HO...that advantage Freedom of Information gives you. You can use whatdotheyknow.com. Remeber you can ask info that is generic in nature and not case specific.
brandnew wrote:good stuff rajiv,
Every time i read some thing on internet i get to know a new/confused thing. I didnt know that Life in the UK certificate is only valid after a week it has been issued!

I wish i get a nice and helpful caseworker when i apply!!
Any idea which PEO has high success rate for complicated cases(like yours or mine)?!
PS: All information provided by me are based on discussion with people (who can be wrong) only and not any legal document. You should decide on your own.. no pointers to me please :) :) :)

fahadz1
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Posts: 534
Joined: Tue Feb 24, 2009 1:00 pm
Location: LONDON
Contact:

Re: .. to add...

Post by fahadz1 » Sun Jan 24, 2010 9:10 pm

chetanojha wrote:Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.
brandnew wrote:I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?
what will happen if absence is > 90 days and a person apply for ILR through postal application ?

If he rejected will he will be given FLR to complete 5 years ? and been told to apply ILR again after complete required timescale ?
Will he get ILR ?

What will happen ?

fahad
Newbie
Posts: 33
Joined: Sat Oct 27, 2007 12:44 am
Location: Lead

Re: .. to add...

Post by fahad » Tue Jan 26, 2010 4:24 pm

fahadz1 wrote:
chetanojha wrote:Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.
brandnew wrote:I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?
what will happen if absence is > 90 days and a person apply for ILR through postal application ?

If he rejected will he will be given FLR to complete 5 years ? and been told to apply ILR again after complete required timescale ?
Will he get ILR ?

What will happen ?
still i'm waiting for my answer of my post
thanks

Zeta
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Posts: 2
Joined: Tue Jan 26, 2010 5:51 pm

absence

Post by Zeta » Tue Jan 26, 2010 6:02 pm

Guys, can someone help me with my query? My problem is that I decided to go to give birth in my home country, everything was arranged before I learnt about the 90 days rule.. First, I will be on an annual leave (paid by a UK employer) of 25 days followed by a paid maternity leave (by the same employer). Will this still cause me problems when I will apply for ILR upon the expiration of Tier 1 (the five year period will expire in 2014).

Supposedly, if I return to the UK after 120 or 130 days, is there a chance to extend the Tier 1 further (after 5 years are expired) in order to make up for the missed period? Or will the clock be reset indeed? If reset, can I still have a chance to obtain a FLR (up to 1/1.5 or 2 years) in order to qualify later? Or should I apply for a new visa and start the whole 5 year process again? I am really confused about all this stuff, if someone knows anything about this,can you please help?

Z.

komalmathur
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Posts: 15
Joined: Fri Mar 18, 2011 4:38 pm
Location: uk

Re: .. to add...

Post by komalmathur » Thu Apr 07, 2011 12:32 pm

chetanojha wrote:Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.
brandnew wrote:I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?
hi,
Has any one got recent success in getting ILR when the 90 day rule was broken... can you please tell me what exactly was the case and what all documentation was provided. thanks

kim

komalmathur
Newly Registered
Posts: 15
Joined: Fri Mar 18, 2011 4:38 pm
Location: uk

Post by komalmathur » Thu Apr 07, 2011 12:34 pm

brandnew wrote:Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

hi brandnew

could you please tell me if you have applied and if you were successful

thanks

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