120 days outside uk with out employment

[malathi]

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

[diago_nelson]

Unfortunately, its a continuous absence of more than 90 days!
And as you do not have any income proofs to show during this period, IMHO it difficult to get ILR.

Please contact a lawyer and get their opinion as well.

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

[srm]

hi malathi

It depends what was your family reason to stay abroad for 120 days.

Home office sometime considers the gap if it was for compassionate reason, such as you went abroad but had an accident and couldn't come back.

But this solely depends on the case workers discretion whether he is happy with the reason or not.


Best of luck.....

[rambobambo]

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

[malathi]

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

No.I went to birmingham PEO with the proof for absence.But the case worker said that if the absence is more than 90 days we will not process here,you need to apply to Home office by post.She did not even look at my documents.I will be applying by post to try my luck.

[tangylemon]

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.

[malathi]

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 am not sure about the solicitor. If you have proof then you can try sending it by post.
No.She asked me to send it by post.I did not pay any fee at that time.

[HSMPgafla]

Applied for HSMP before March 2006 (Don’t have any proof stating I have applied before 3rd April 2006).
Got approval on 5 June 2006.
Initial Visa - 2 years
Extension under Tier 1 – 3 years
Visa valid till August 2011.


Departure - London 28 July 2006
arrival - London 11 August 2006 13 days (Paid Holidays)

Departure - London 5 January 2007
arrival - London 19 January 2007 13 Days (Paid Holidays)

Departure - London 23 November 2007
arrival - London 30 December 2007
37 Days (Paid holidays, some are carried forward)

Departure - London 10 June 2008
arrival - London 21 June 2008
10 Days (Paid holidays)
Departure - London 5 December 2008
arrival - London 21 March 2009
105 Days (on paid employment till 21st December 2008)

Now, I was made redundant on 21st November 2008 and I went back to India on 5th December 2008. But I have letter from my employer saying my employment will be terminated on 21st December 2008.

So my question is, will my time outside UK without employment start from 22nd December 2008?
If this is so, total days I have spent outside UK without employment are from 22nd December 2008 to 20th March 2008 (NOT from 6th December 2008 to 20th March 2008). It will be 89 days.

Any suggestions please!!!

[geriatrix]

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

[HSMPgafla]

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

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.

[geriatrix]

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

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 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.

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

[HSMPgafla]

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

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 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.

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

yes , you are right.
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????

[geriatrix]

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

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 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.

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

yes , you are right.
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????

You're not getting the point!

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

[HSMPgafla]

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 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.

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

yes , you are right.
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????

You're not getting the point!

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

Yes i have surely broken continuity of residence in the UK

But I think all the time before 22nd december 2008 will go under paid leave. that means employed in UK, income in UK, paying tax in UK = link with UK.

Also what about people who have been outside UK with more than 3 months for business purpose OR sent by employer. But getting salary in UK and paying Tax during that time. They also broke the continuity of residence in the UK but they all work for UK employer and paid tax in UK even though they were not present in UK.

All they have to prove that they have been working for UK employer (pay slips, employer letter, ect..) which they can easily do that. And I am sure they must have got OR will get ILR without any hassel.

I can prove the same till 22nd december 2008.

[geriatrix]

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

[HSMPgafla]

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

thats true.
thanks sushdmehta