Permissible Absence for ILR

[pcb_in]

Hi All,
I have one doubt about permissible absence, Here is my situation.
I came in UK in March 2006 on WP and HSMP taken in Aug 2006. I am due to apply for for ILR in Feb 2011.
My total absent so far from UK is 233 days ( including weekend) in which 71 days are either official biz trip or paid holiday.
Now, I am self employed(from Nov 09) and getting contract to work out side in UK but I will be paid in UK and my company still be UK registerred therefore, I will pay my all taxes here in UK.
Other option is that my comapny can make me UK employee and can sent me on biz trip to work out side UK for 6 months but I will come back to UK with in 3 months and go back.
So my question is is it safe for me to accept this contract?
I am quite confused with Annexur F of case worker policy guidance.
So your valuable comments is highly appriciated.
BR
PC

[pcb_in]

Hi All,
Surprisingly No expert comment so far. Please help me out with this or give me a link if this problem is already addressed some where.
Thanks and Regards
PC

[mrlookforward]

What you plan to do is not a good idea at all. Or should I say, its a road to certain disaster. Please read this carefully
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[pcb_in]

Mr. LookFarward,
thank you very much for your suggestion. Though I got reply from home office that official trip may be discounted and continuity may not be insisted for.
If any one have similar kind of experience?
Best Regards
PC

[mrlookforward]

Then the whole argument could fall on what is actually "official". Please also keep in mind that information from UKBA enquiries line can't be used as an argument at the time of ILR.

[pcb_in]

Hi Mrlookforward,
Thanks for your comment. I got a writen mail reply from them saying that absences OTHER THAN paid holiday,business trip should not be more than 3 months at time and 6 months in total in 5 years.
This clearly indicates that one can be out side UK on business related activity with out affecting his/her continuty. Please correct me if its wrong.
I aslo discussed with one of the immigration lawer and as per him if I am paid in UK ( i.e. employee of comapny based in UK) then that should be fine. But I don't want to take any risk that is why looking for some one comments who had similar situation and result of ILR application.
Best Regards
PC

[mrlookforward]

I did find a piece of information about absence on paid holidays and business trips and posted it in a different thread. I will try and fish it out and post it here too.

[pcb_in]

Thank you very much mrlookforward. please post that link to here as well.
BR
PC

[mrlookforward]

OK, I have found this

Annex A – Calculation of the five year period for settlement

In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.


I have copied the paragraph from this link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

As I mentioned before, it doesnt help your situation. There is only a mention of "short absences". I personally dont think that trips abroad for months at a stretch and only spending a brief period in UK could be regarded as "short absences". If we look at this sensibly, this could only be regarded as "short visits" to UK.

[pcb_in]

Hello mrlookforward,
Thank you very much for your help. I ready all these policy document many times but as you said it does not address my case.
Just for Info that I will be renting my house in UK and my family will remain be based here. But the question comes that family is depenedent so they cant decide based on their presense/absense in UK.
I am thinking to take a risk. Because any way I will be out of job if I don't accept this.
BR
PC

[mrlookforward]

Hi,
Sorry, I think I couldn't put my point across properly. Based on the guidance which I have copied and posted link in my previous post, it clear as daylight that if you do what you mentioned, then you will have no chance of getting an ILR. I don't think you will be taking a risk, you will be wiping off your chance.