HSMP expiring, breached 180 day out of uk limit. advice pls

[eppiblue]

Hi

I have a unique situation involving breach of 180 days allowed out of the UK and Im struggling to figure out my options, any informed advice would be greatly appreciated.

Background:
Im employed, 31 years old, earning 80K+, with a bachelors degree.
I do not own a house in the UK but the rest of my 'estate' is here (eh shares, ISAs etc)

I was approved for HSMP 31 March 2006, whilst in the country on a working holiday visa.
2 year visa commenced from 11 April 2006 followed by a successful extention for 3 years until 11 April 2011.

At this point I was going to apply for ILR. However it seems that as I applied for HSMP before 3 April 2006 I could apply for ILR after 4 years due to the HSMP Forum judicial review.

Here's the rub:
Upon looking into ILR I read I needed to have spent less than 180 days outside of the UK. My issue is that I have been out of the UK on holidays for around 205 days in the last 4 year period, including 1 recent single trip of just over 3 months.

What are my options? Can I apply to go on tier 1 in March 2011? Or is there some way I can still get ILR now?

Im not sure if I should just try my luck with the coalitions new immigration laws...

help appreciated.

[avjones]

Why were you outside the UK? Holidays, work, etc?

[eppiblue]

yep all holidays. I guess I can just go onto tier 1 in April? A bit annoying tho as I really wanted to get ILR

[goldfish]

If I understand correctly (and seniors could confirm), if you are out of the UK for more than 90 days in a row, your clock resets to zero. So your time to ILR would start counting from when you returned to the UK after your 3 month trip.

[geriatrix]

The single absence of 90+ days on a holiday is the show-stopper. IMHO, the caseworker discretion is unlikely to be in your favour.

And yes, in effect, this resets the ILR counter because as per guidance there cannot be any single absence of more than 90 days in the qualifying residential period.



regards

[renzokuken]

You might still be able to qualify if it was paid holidays (with letter from your employer).

See section 3 here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, 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 he has clearly continued to be based here"

[vinny]

See also Chapter 6A - Settlement and Working in the UK.

[Mohanfromblr]

I am unable to evaluate and assess my situation.
I would like to know more about my situation.
Granted Initial Tier-1 Visa on 01,Nov,2008
Initial Entry in UK on 21, Dec, 2008 (Already 51 days absent).
I need to go on a Business Visa (My company sponsored) to USA in the next month (say 01,Dec,2010) and will return in 12 weeks.
I assume that I would return on 01,March,2011.
So a loss of 90 days (absent in UK).
I would go for Tier-1 extension on 01,Nov,2011.
Assuming that everything would be fine (for all old Tier-1 applicants, in face of severe changes to be announced), I would be granted an extension till 01,Nov,2013.
Guys, kindly comment on my situation like how many more leaves I can take, am I eligible for ILR by 01,Nov,2013, do I need Tier-1 extension again, what kind of leaves can I take etc.

Thanks in advance