ILR rules and unpaid leave

[yasirkhan5007]

Hi,

I am in UK working as software engineer on Tier 1. Last year I switched my hsmp to tier one and got three years extension (after two years on hsmp).
My question is that I want to go on holiday for around 60 days half of which will be unpaid. I am not sure how that can effect my ILR application(ILR application will be made in 2012).
Tried phoning home office but the lady was not helpful at all.
Can somebody help please.

Thank,s

[geriatrix]

Absence of 60 days in question may or may not affect your eligibility to ILR depending on the total number of absences in the qualifying residential period.

See also Chapter 6A - Settlement.


regards

[yasirkhan5007]

So does this mean if I stay outside for 60 days and half of it is unpaid but my todal leave in five years is less than 180 then it should not effect the ILR application?

[nineteen]

Hi Sushmedta, what does this mean
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.
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;

Does applicant should not be unemployed more than 6 months?

[Thiru]

Hi All,

I am in similar situation, can you please help me?

Very first I came to UK on 05th Jan 2006 with 10 months WP + Visa and this was extended until 5th Dec 2010 with same employer without any gap.

I had job offer from another employer and new Work Permit and my last day of working was on 15th Jan 2008 with first employer, went to India for my wedding. Came back to UK on 3rd March 2008 and started working with new employer, still employed by this employer with valid visa until 2013.

My question is, there is 59 days gap (45 days without job because I used few days annual leave) between two employment and no break in Visa. I have booked my appointment next month for ILR, is this will be problem?

My no of days outside country is less than 170 days including this visit.


Thanks
T
[/b]

[yasirkhan5007]

Hi,

Some updates, I telephoned UK border Agency twice and their staff was not helpful at all. One even went as far as saying if I spent more than a week outside I would have to do the five years again.
Very disappointed I phones three lawers and all said if the total time spent outside the country is less than 180 days (no matter paid or unpaid) than it would be OK.

Hope this helps others and some seniors can confirm or contradict this.

Thanks

[piggy20007]

I understand about the home office can sometimes not helpful. May be they are under stress because of the budget cut.

Anyway, about the no. of days outside UK, I applied and I had more than 180 days outside uk excluding the business trip. Therefore, I think the 180 rules is not definite. It depends on many circumstance of individual.

Good luck