More than 90 days absence on a single business trip

[guardianangel79]

Hello there. I wonder if anyone has any advice on whether my ILR based on work permit+Tier 1 application will be rejected? I was sent to an overseas office of my employer to "firefight" as they could not cope with the workload for just over four months (came back to the UK after 101 days and then went back for another over 3 weeks before coming back permanently to the UK). During the assignment, my manager in the UK continued to have overall responsibility for me, I was still employed by the UK entity and paid UK taxes and NI.

My problem is the gap of 101 days and the fact that due to the assignment, I have accumulated 201 days outside the UK. If they ignore the business trips, then I would have less than 100 days absence for annual holiday. There is an earlier post advising that I should show as much connection as I have with the UK. Do you think the below will help?

(1) I came back to the UK in the middle of my assignment to visit my bf, manager and friends.

(2) Before I left, I was involved in a local project to mentor students.

(3) I have a degree from a UK university.

(4) I did not apply for a social security number in the host country because I had no intention to stay there.

(5) Corresponded daily with my bf practically every day - the correspondence clearly shows that I was dying to come back, and that I came back as soon as the business need for the assignment ended.

(6) My bf (who is British) and I own a property together. We have lived together ever since I returned from my assignment (i.e. almost 3 years).

I was not aware of the 90 day rule until now - would have come back before the 90 days if I had known.... clearly my heart and mind was always in the UK.

Any ideas? With the above facts, is it worth applying at the PEO - if they reject it at the PEO, can they provide guidance on how long I will need to wait before applying again?

Thanks so much!!

[renzokuken]

I think you should be OK due to the fact that you are still employed in the UK, as long as you have the letter from your employer

[geriatrix]

Many peole with cases similar to yours have been successful in getting ILR, and have posted their experiences. Search the forum for information already available.

regards

[guardianangel79]

Thanks very much for your replies. Best wishes.