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malathi wrote:Hi,
I have HSMP , by last April i qualiify for ILR according to Judical review.
But I I was outside Uk for 120 days continuosly to sort out some faimly issues.I resigned my previous job and went outside UK.
My husband was here at that time.I came back and found new job , had my child.I am continuing in the same job now.
My child was born here.she is dependant to me.
As I was not employed by anyone during my 120 days, i cannot get a letter from employer.
Because it is a family problem i will not have any proofs as well.
Will I get ILR if I apply?
Is there anyone with the similar gap without employment got ILR?
Please give me suggestions.
Thanks
Malathi
rambobambo wrote:Hi Malathi
Can you please guide if in the end you got the ILR, hopefuly yes. Can you please guide us based on your experience.
Thanks
tangylemon wrote:Hi Malathi,
Iam ina similar predicament
Did you feel the need to take the help of any solicitor for preparing your case.
Was your application automatically made postal because of exceeding 90 day rule,does that mean you need to pay the fee twice.
I think in my case its 89 days not 90 days as my employment ended on 21 dec 2008 not on 21 November 2008. Am I right?sushdmehta wrote:The moment you show the letter confirming date of termination of employment, the caseworker will know for sure that continuity of residency in the UK is broken during this absence.
regards
The end of employment on on 21-Dec only shows that your absence until that day was on account of "paid leave". From 22-Dec until the day you returned to UK, you were neither employed in UK nor present here.HSMPgafla wrote:I think in my case its 89 days not 90 days as my employment ended on 21 dec 2008 not on 21 November 2008. Am I right?sushdmehta wrote:The moment you show the letter confirming date of termination of employment, the caseworker will know for sure that continuity of residency in the UK is broken during this absence.
regards
Also I got my final salary on 24th dec 2008.
BTW Thankyou for PM. I am sending SAR today.
yes , you are right.sushdmehta wrote:The end of employment on on 21-Dec only shows that your absence until that day was on account of "paid leave". From 22-Dec until the day you returned to UK, you were neither employed in UK nor present here.HSMPgafla wrote:I think in my case its 89 days not 90 days as my employment ended on 21 dec 2008 not on 21 November 2008. Am I right?sushdmehta wrote:The moment you show the letter confirming date of termination of employment, the caseworker will know for sure that continuity of residency in the UK is broken during this absence.
regards
Also I got my final salary on 24th dec 2008.
BTW Thankyou for PM. I am sending SAR today.
The residential requirement for ILR is based on "continuity of residence in the UK", and that is what you have to prove. In your case, how would you prove the same for the period 22-Dec-08 to 21-Mar-09?
regards
You're not getting the point!HSMPgafla wrote:yes , you are right.sushdmehta wrote:The end of employment on on 21-Dec only shows that your absence until that day was on account of "paid leave". From 22-Dec until the day you returned to UK, you were neither employed in UK nor present here.HSMPgafla wrote:I think in my case its 89 days not 90 days as my employment ended on 21 dec 2008 not on 21 November 2008. Am I right?sushdmehta wrote:The moment you show the letter confirming date of termination of employment, the caseworker will know for sure that continuity of residency in the UK is broken during this absence.
regards
Also I got my final salary on 24th dec 2008.
BTW Thankyou for PM. I am sending SAR today.
The residential requirement for ILR is based on "continuity of residence in the UK", and that is what you have to prove. In your case, how would you prove the same for the period 22-Dec-08 to 21-Mar-09?
regards
I was outside Uk and umemployed from 22nd dec 2008 to 21 march 2009 which is 90 days.
But I entered in UK on 21th march 2009 itself and as the travel date doesn't count, its now 89 days.
So my total unpaid leave outside UK is 89 days !!! So i guess i am on safe side.
What is your though sushdmehta????
Yes i have surely broken continuity of residence in the UKsushdmehta wrote:You're not getting the point!HSMPgafla wrote:yes , you are right.sushdmehta wrote:The end of employment on on 21-Dec only shows that your absence until that day was on account of "paid leave". From 22-Dec until the day you returned to UK, you were neither employed in UK nor present here.HSMPgafla wrote:
I think in my case its 89 days not 90 days as my employment ended on 21 dec 2008 not on 21 November 2008. Am I right?
Also I got my final salary on 24th dec 2008.
BTW Thankyou for PM. I am sending SAR today.
The residential requirement for ILR is based on "continuity of residence in the UK", and that is what you have to prove. In your case, how would you prove the same for the period 22-Dec-08 to 21-Mar-09?
regards
I was outside Uk and umemployed from 22nd dec 2008 to 21 march 2009 which is 90 days.
But I entered in UK on 21th march 2009 itself and as the travel date doesn't count, its now 89 days.
So my total unpaid leave outside UK is 89 days !!! So i guess i am on safe side.
What is your though sushdmehta????
Had you been unemployed for some months but had been present in the UK during that time, it wouldn't have mattered (for ILR). But you were absent from the UK when you were unemployed i.e.- not employed in UK, no income in UK, not paying tax in UK = no link with UK = break in continuity of residency. The mere fact that you had HSMP/Tier 1 visa stamped in your passport doesn't prove residency in the UK.
As I said, it is for you to prove to the caseworker that you were not absent from the UK for more than 90 days in one go, and also that continuity of residence in the UK was not broken during any of the absences.
You have put two facts in the open - absence of continuous 105 days and no employment in the UK during (most of) this period. If you put the same facts in front of the caseworker, he/she will view them in the same way as I did. And perhaps ask you the same questions that I have asked you.
regards
thats true.sushdmehta wrote:You're confusing continuity of residence in the UK with physical presence in the UK. From an ILR perspective, both aren't necessarily the same.
Anyhow, you now know what questions may be put to you if the caseworker believes that in your case continuity of residence in the UK is broken. So be prepared to answer well to convince him/her.
If no questions get asked, you know you'll have your ILR.
regards