Hi There,
First of all, many thanks to the forum members and moderators for helping me out with my previous questions. Highly appreciated.
I'm finalizing my ILR application and apart from certain minor points, I really had no reason to worry and felt that my application will be a breeze... till now :S
While randomly checking out the various guidance posted in UKBA, I came to http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/ specifically, Indefinite leave to remain - calculating continuous period in UK.
According to this document:
Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:
• There have been no absences abroad, see calculation of the five year period for settlement, and authorised employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at HEO level or above.
Or
• There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and they must not total more than six months. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.
Coming back to my case, I was away form the UK for 99 days back in in 2007, primarily for a business trip (I was on a secondment) that lasted 79 days, the rest 20 days, I spent on holiday (annual leave, paid) before flying back to the UK. During this whole time I was on UK payroll, paying tax etc. in the UK and my employer is more than happy to substantiate my claims in writing. In fact my flight back was even paid by my company since they were grateful for the services I rendered.
I'm a bit stressed now that I seem to have broken the rule for continuous 3 months absence?
Also, the guidance talks of SEO or Grade 7 approval, god knows what that is, but does that mean that I can't apply in person at a PEO too??
By the way, I should mention that my during my 99 days absence, I was on work permit, which I switched to Tier 1 later on and will be applying under Tier 1 for my ILR.
Many thanks and have a nice weekend.
P.S. According to the same guidance, it seems that one can apply for ILR, even though they haven't necessarily spent 5 years, from their entry into the UK up to the application date, given that the date of issue of their entry clearance and the actual arrival in the UK is no longer than 3 months. If true, I'm sure that would be positive news for some
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222