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ILR Eligibility (Period Outside UK)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sancsan
Newbie
Posts: 39
Joined: Fri Jan 14, 2011 4:50 pm
Location: London, UK

ILR Eligibility (Period Outside UK)

Post by sancsan » Thu Jun 23, 2011 2:49 pm

Hi

I seek advise with regard to my eligibility for applying ILR in future.
I did go through the FAQs and it was very helpful, however appreciate if any member can provide their feedback on my situation:

I entered UK on Oct 7, 2007 on Tier2 (ICT)visa valid for 2 year. Got it extended twice and was valid till Oct, 2011. However last month I switched to Tier1General Visa valid till June, 2013.

In all my stay in UK, I was out for:

*1 month holiday (resp. in 2009 and 2011) - however on annual paid leaves ,maintaining employment in UK
*2 months on Business trips - maintaining employment in UK
*2 months outside UK (not employed in UK)
*Few leisure trips outside UK (Around 20 days over last 3.5 years) - maintaining employment in UK

As per ILR-Calculating Continous Period in UK document, it's mentioned that
short absences abroad may be disregarded, provided the applicant has clearly
continued to be based in the UK. For example:
• holidays (consistent with annual paid leave), or
• business trips (consistent with maintaining employment or self-employment in the UK)

So my understanding is that 2 months holiday, Business trips, leisure trips falls in this category.

Could you please confirm my understanding.
Also, will these absence be considered as part of 180 days outside UK criteria.

PS: I was never outside of UK for more than 90 days in a single trip.

Thanks

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Re: ILR Eligibility (Period Outside UK)

Post by sarath1212 » Thu Jun 23, 2011 3:04 pm

sancsan wrote:Hi

*2 months outside UK (not employed in UK)

Thanks
The two months out of employment and outside UK will reset your clock if you came back to the county with the EC of T1.

sancsan
Newbie
Posts: 39
Joined: Fri Jan 14, 2011 4:50 pm
Location: London, UK

Post by sancsan » Thu Jun 23, 2011 3:14 pm

Hi Sarath,
Sorry if I was not clear earlier, I was only outside UK, but not out of employment. I was employed by same company during that period.
I travelled back UK after 2 months on Tier2(ICT)

Could you please elaborate on "if you came back to the county with the EC of T1".

Thanks

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Post by sarath1212 » Thu Jun 23, 2011 3:38 pm

sancsan wrote:Hi Sarath,
Sorry if I was not clear earlier, I was only outside UK, but not out of employment. I was employed by same company during that period.
I travelled back UK after 2 months on Tier2(ICT)

Could you please elaborate on "if you came back to the county with the EC of T1".

Thanks
Were you get paid in UK during that absence?

sancsan
Newbie
Posts: 39
Joined: Fri Jan 14, 2011 4:50 pm
Location: London, UK

Post by sancsan » Thu Jun 23, 2011 4:31 pm

sarath1212 wrote:
sancsan wrote:Hi Sarath,
Sorry if I was not clear earlier, I was only outside UK, but not out of employment. I was employed by same company during that period.
I travelled back UK after 2 months on Tier2(ICT)

Could you please elaborate on "if you came back to the county with the EC of T1".

Thanks
Were you get paid in UK during that absence?
No.

themonsoonhunter
Member
Posts: 108
Joined: Fri Jul 23, 2010 11:17 pm

Break

Post by themonsoonhunter » Thu Jun 23, 2011 11:13 pm

Hi Guys,

Does the clock reset if someone is outside of the country for not more than 3 months in a stretch and not getting paid in the UK ?

I have been away for 2 months and not paid in the UK that time and as per my understanding my clock should not reset. And also I know few of my friends with the same situation (not sure how long there were away for) granted ILR.

Senior members please comment...

themonsoonhunter
Member
Posts: 108
Joined: Fri Jul 23, 2010 11:17 pm

Post by themonsoonhunter » Sun Jun 26, 2011 9:53 pm

Anyone please

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Post by mk357 » Sun Jul 03, 2011 6:48 pm

IMHO the clock doesn't reset as long as the leave outside UK is less than 90 days in a row.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Tue Jul 05, 2011 12:13 am

mk357 wrote:IMHO the clock doesn't reset as long as the leave outside UK is less than 90 days in a row.
and 180 days subject to (level 7 officer )
CDOKS

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