ILR absences and application

[srs1972]

Could someone help me?


I am an Indian passport holder with my wife & 2 kids (6 yr & 2 yr) living in UK since Feb 2006. All are Indian passport holders with valid visa till Feb 2011.

I hv UK work permit/visa with my present employer since 17 Feb 06 which expires on 17 Feb 11. I am employed by them since Feb 2006 till now. I was sent on two 6 months business trips in last 5 yrs (22 Mar 09 to 20 Sep 09 & 01 Oct 09 to 31 Mar 10). When I went on business trip, my HR immigration consultant stated that is is ok to go out of UK on business trips without affecting my ILR appln in Feb 2011 if I just make sure that I am in the UK in my last year of 5th year. I satisfied this condition.

I understand while reading UK immigration policy that rule regarding absences has changed in Jun 10. The question is what I need to do to secure my ILR asap.

Since my absences are purely based on business needs (my company is ready to provide any supporting letter for my ILR appln), do I not hv case for ILR? Also the fact that new rule should not be applied in my case since the rules were different when I went on business trips. Otherwise I would not have done out of UK if I knew this will affect my ILR application.

Now I want to apply for ILR asap. What do I need to do to get ILR asap? Could you suggest the best way to move forward?

[xyz123]

Could someone help me?


I am an Indian passport holder with my wife & 2 kids (6 yr & 2 yr) living in UK since Feb 2006. All are Indian passport holders with valid visa till Feb 2011.

I hv UK work permit/visa with my present employer since 17 Feb 06 which expires on 17 Feb 11. I am employed by them since Feb 2006 till now. I was sent on two 6 months business trips in last 5 yrs (22 Mar 09 to 20 Sep 09 & 01 Oct 09 to 31 Mar 10). When I went on business trip, my HR immigration consultant stated that is is ok to go out of UK on business trips without affecting my ILR appln in Feb 2011 if I just make sure that I am in the UK in my last year of 5th year. I satisfied this condition.

I understand while reading UK immigration policy that rule regarding absences has changed in Jun 10. The question is what I need to do to secure my ILR asap.

Since my absences are purely based on business needs (my company is ready to provide any supporting letter for my ILR appln), do I not hv case for ILR? Also the fact that new rule should not be applied in my case since the rules were different when I went on business trips. Otherwise I would not have done out of UK if I knew this will affect my ILR application.

Now I want to apply for ILR asap. What do I need to do to get ILR asap? Could you suggest the best way to move forward?

who told you rules changed in jun'10. What new rules came in?

were you paid within UK during this two business trips? it may be difficult but its down to your luck. at the end of the day you have been out of country for 1 year out of 5....

[srs1972]

Could someone help me?


I am an Indian passport holder with my wife & 2 kids (6 yr & 2 yr) living in UK since Feb 2006. All are Indian passport holders with valid visa till Feb 2011.

I hv UK work permit/visa with my present employer since 17 Feb 06 which expires on 17 Feb 11. I am employed by them since Feb 2006 till now. I was sent on two 6 months business trips in last 5 yrs (22 Mar 09 to 20 Sep 09 & 01 Oct 09 to 31 Mar 10). When I went on business trip, my HR immigration consultant stated that is is ok to go out of UK on business trips without affecting my ILR appln in Feb 2011 if I just make sure that I am in the UK in my last year of 5th year. I satisfied this condition.

I understand while reading UK immigration policy that rule regarding absences has changed in Jun 10. The question is what I need to do to secure my ILR asap.

Since my absences are purely based on business needs (my company is ready to provide any supporting letter for my ILR appln), do I not hv case for ILR? Also the fact that new rule should not be applied in my case since the rules were different when I went on business trips. Otherwise I would not have done out of UK if I knew this will affect my ILR application.

Now I want to apply for ILR asap. What do I need to do to get ILR asap? Could you suggest the best way to move forward?

who told you rules changed in jun'10. What new rules came in?

were you paid within UK during this two business trips? it may be difficult but its down to your luck. at the end of the day you have been out of country for 1 year out of 5....

I was paid in foreign country for 8 months, but i always transferred money the same day to UK as my intention was to come back to UK...for 4 months i was paid directly in UK...
regarding rules now, pls see link in ukba website dated Jun 10..
http://www.ukba.homeoffice.gov.uk/sitec ... rule is - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Any idea that above rule is still applicable...

Pls help and advise..

[geriatrix]

See also [url=http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html]BD (work permit - “continuous periodâ€