ILR query - gap of 8 months during the last 5 and half years

[Keyrun]

Hi,

I have a query regarding the ILR.

Its been more than 5 years I have come to the UK, I want to apply for ILR now but have a question of the continuous stay, hope someone can shed some light.

I came in June 2005 on work permit, stayed here until April 2006 and came again in Jan 2007 (on a different work permit) and has been in the UK ever since, so I have got a gap of 8 months from June 2005 until now.

Can I apply for the ILR, I understand lot off ppl get it even though there is a gap.

The important thing is that I have been with the same company ever since I came to the UK in 2005.

Any help on this would be greatly received.

Many thanks

Best Regards
Kiran

[lkpone]

Hi Kiran

Were you paid into your UK bank account during those 8 months, or can your company provide a letter stating that you were still in their employ during that time?

For it to be deemed 'continuous', you need to be seen to have been continually working for the same company, paid in Sterling into a UK bank account (normally), but based in a different country.

Wait for expert opinion on your q, but for now, these are points to consider

Lindsay

[Keyrun]

Lindsay,

Many thanks for your reply.

I have been with the same company for last 6 and half years but I was not paid in Sterling over that period but as I have been with them over this period, they should provide me with the letter stating that I have been with them for last 6 and half years.

Thanks again.

Much appreciated.

Kiran

[geriatrix]

To be eligible for settlement continuous residency in the UK for 5 years (under current rules) is the primary qualifying criteria. Under current rules you'll be eligible for ILR in 2012.

For more details, see Chapter 6A - Settlement -> Section 2 - Settlement - tier 2 and tier 5 of the points-based system


regards

[Keyrun]

Thanks for your reply sushdmehta

I am now on Tier1 visa, the reference document that you sent i for Tier 5 and 2

Regards, Kiran

[lkpone]

What I meant was much better articulated by Sushdmehta.

You need to be seen to have been actively 'living' here and contributing in the UK - albeit on an assignment overseas with your company (for work, the HO uses their discretion, since the guidance doesn't allow for that much time out of the country). However, it doesn't sound as if that was the case.

[geriatrix]

Settlement


regards

[Keyrun]

Thank you very much for your time.

Gives some clarity but very recently one of my friend who stayed out side the UK for close to 5 months (Aug 2009 to Jan 2010) has got him ILR approved.

When he came after the break that was on a different work permit, which is clear deviation from the guidelines they have for ILRs and his VISA approval got me bit enthusiastic about my case as well.

Regards, Kiran

[geriatrix]

It is difficult for forum members to tell you how your friend's settlement was successful despite his/her 5 months absence from the UK. Only your friend can tell you his/her circumstances of the absence in question and the evidence(s) he/she provided to support the reason(s) for such long absence.

In your case, you were absent from UK for 8 months, were not paid in the UK, and presumably the absence was not due to a business trip but (perhaps) due to your organisation recalling you to home base or due to personal reasons. Such factors indicate break in continuous residence in the UK and therefore affect your eligibility to settlement.

Absences above 180 days are subject to caseworker discretion and success of application depends on the evidence(s) the applicant can provide to prove that continuous residency was not broken during the absence.

Will your employer be ready to provide a letter to certify that the absence was work related? Even if they do, how will you prove that you were employed in the UK or had economic ties with UK?

Individual circumstances differ, and so it is not possible to say how one applicant was successful and another, in similar circumstances wasn't / may not be. Similar circumstances doesn't mean same circumstances!


regards

[Keyrun]

Appreciate it sushdmehta.

I agree with you that the is at the case workers discretion, I just wanted to know if I stand a chance but I understand because of same circumstances being treated differently, there may not be a direct and clear answer to it.

My employer would surely give me a letter stating that the absence was due to work related as that was the reason for my absence and also the base location not being the UK, I was not paid here.

Thanks again for your time, it was useful info.

best regards, Kiran

[fahadz1]

Hi,

I have a query regarding the ILR.

Its been more than 5 years I have come to the UK, I want to apply for ILR now but have a question of the continuous stay, hope someone can shed some light.

I came in June 2005 on work permit, stayed here until April 2006 and came again in Jan 2007 (on a different work permit) and has been in the UK ever since, so I have got a gap of 8 months from June 2005 until now.

Can I apply for the ILR, I understand lot off ppl get it even though there is a gap.

The important thing is that I have been with the same company ever since I came to the UK in 2005.

Any help on this would be greatly received.

Many thanks

Best Regards
Kiran

Hi i have the same issue i have absence for 6 monhts with not paid in my bank account in uk.
plz let me know how r u going to cover this.. thanks