ILR Application with more than 450 days absence?

[c0c0nut]

Hello,

I am due to apply for my ILR in December this year. I have been working with the same company on Work Permit from the beginning. The nature of my job has led me to be away from the UK for business trips. In summary,

Total Absence : 568 days
Business trips : 484 days
Annual Leave : 84 days
Longest Business trips : 240 days, 118 days

My job is still on the SOC list. I have never broken employment during this period. I have all P60s to show I have been paying tax to HMRC. I also have my employer to support my requirement to be continuously employed here.

I'd like to know what are my chances of success for the ILR application? Alternatively, should I extend my workpermit and apply next year? Any feedback is much appreciated. Thanks!

[xyz123]

Hello,

I am due to apply for my ILR in December this year. I have been working with the same company on Work Permit from the beginning. The nature of my job has led me to be away from the UK for business trips. In summary,

Total Absence : 568 days
Business trips : 484 days
Annual Leave : 84 days
Longest Business trips : 240 days, 118 days

My job is still on the SOC list. I have never broken employment during this period. I have all P60s to show I have been paying tax to HMRC. I also have my employer to support my requirement to be continuously employed here.

I'd like to know what are my chances of success for the ILR application? Alternatively, should I extend my workpermit and apply next year? Any feedback is much appreciated. Thanks!

IMO, as you have very high absences and also TWO trips of more than 90 days, your chances are very very slim. best you can do is fine a competant solicitor and see if they can help.

[emarketeruk]

Hi c0c0nut,

i hope during you business trips, you have been paid in the UK to your UK bank account? & all tax has been paid in the UK as well?

also can you confirm wthr you business trip is to your home country or some other third country? decision is completely up to the senior caseworker. if you can provide very strong evidence that you have been a resident of UK & you have very strong attachment to the UK, then your chance will be little better.

however as you have exceed the 90 days rule twice, i dont think anyone will be able to give you a firm answer unless you apply n see what happens. your best option is to renew you WP & then apply for ILR, in this way even if the ILR is refused you can just contd working on you WP

[geriatrix]

I have been working with the same company on Work Permit from the beginning.

See also BD (work permit - continous period) Nigeria [2010] UKUT 418 (IAC)

[c0c0nut]

Hello folks!.

xyz123
Thanks!.. Do you know anyone you could suggest?

emarketeruk
Yes, I have been paid in the UK, all taxes were paid to the HMRC in the UK, I maintained NI in the UK and all my bank accounts were active in the UK. I maintained a mailing address in the UK while I was away.

I confirm my business trips were to a third country, and not to home country. How do I prove strong attachement to the UK? I do have my investments here, but none of which are a mortgage or a loan.

Thanks for your thoughts!

sushdmehta
That's helpful, although it does suggest a long drawn-out process of appeals. Do caseworkers now use this as a reference case?

Thanks folks!

[emarketeruk]

in order to prove strong attachment to the UK, just having a bank account with some funds or maintaining mailing address is not sufficient in my opinion.

it should be something like (this is what i have included)

1) owning a house or having a mortgage in UK (since 2007)
2) have business / personal loan in the UK
3) Any long term investment made in this country
4) running a business in the UK owned by you & taxed in UK
5) proof of any long term, ongoing contractual obligations you have in this country (business contracts)
6) council tax payment during absence period
7) car ownership / road tax payment / TV licence payment during absence
8 ) ability to prove you have no connection in your home country will also supplement all the above.

i also have 2 business trips above 90 days & around 500 in total. my ILR case is in consideration with HO for nearly 11 weeks & i am still waiting for a reply from them.

even with all the above, my chances are less, however if they refuse me, i stand a greater chance of getting ILR in tribunal. at least this is what i have been told by few solicitors after evaluating my docs.

moderators, appreciate your comment on my chance of getting ILR?

[rajesh_kumar01]

very crude answer is NO. Reason , don't you see they are tightening grip on each and every loop hole and making it difficult .
But if you want to try .. I wish you good luck..

[mk357]

My advice... "Hope for the best and prepare for the worse".

[geriatrix]

sushdmehta
That's helpful, although it does suggest a long drawn-out process of appeals. Do caseworkers now use this as a reference case?

Thanks folks!

I don't think so, nor do I think that all caseworkers may even be aware of such decisions which seem to contradict the (basic) internal guidelines on which they may be trained.

The reason of providing you the link to the case was to let you know that if a caseworker refuses your application on account of "excess absences" then an appeal may be successful - subject to the evidence(s) you provide.

The success of such cases (and appeals, if case refused) depends on the quantity and quality of (compelling) evidence(s) that an applicant submits / presents to support that "continuous residency in the UK" has not been broken by the applicant despite the excess absences (either / both in numbers and duration).

It's been a while but I remember someone posting that his settlement was successful even when he had spent 1 year living abroad on overseas assignment but employed by a UK company and paid in the UK.

[jami]

A member of this board got ILR in May 2010 with over 760 absences:

http://www.immigrationboards.com/viewtopic.php?t=56614

As per his account he was on WP and was posted abroad by UK company and in first two years he visited UK for few days only (30 days per year) and at times remained outside UK for more than 150 days continuously. However, in next three years he remained mostly in UK and during these 3 years his personal absences from UK were less than 90 days. Overall absences were around 760 days and were discounted.

In view of above as well as decision of upper tribunal mentioned in sushdmehta post you can apply for ILR at PEO Solihull

[Sushil-ACCA]

It will be good if u get

myself refused on 584 days all business and all salary paid in UK

BY UK EMPLOYERS with proper letter addresed to HO for work abroad .

all the best

keep posting

[jami]

Sushil-ACCA

I could not trace your original post and discussion wherein your ILR was refused. If you provide a link it would be useful to all concerned

[rooney0511]

Hi,

Check the postings, someone got it with 280 days absences in croydon yesterday, maybe you can follow the way he presented it. His posting is on page 1

[ps1234]

It will be good if u get

myself refused on 584 days all business and all salary paid in UK

BY UK EMPLOYERS with proper letter addresed to HO for work abroad .

all the best

keep posting

Sushil-ACCA, what is your next step - did you appeal? Was it successful?

[xeeshan82]

rooney would you mind to add the link please

[rooney0511]

http://immigrationboards.com/viewtopic.php?t=81800

[jami]

It appears that UKBA has not implemented above determination of upper tribunal quoted by sushdmehta as it involved secondment abroad. In said tribunal observed that human right ground is also strong however the same was not adjudicated.

[c0c0nut]

Good Morning all,

Trust everyone had a good Christmas and New Year's break. On this issue, I have extended my WP into Tier 2 - Unrestricted. I would like to know what will the worst case scenario of applying for ILR in the next 6 months? Is there a potential for my ILR to be rejected along with my Tier 2 - Unrestricted revoked? Will the rejection also reset the clock? Kindly share your thoughts. Thanks!

[sunil.suneel]

Good Morning all,

Trust everyone had a good Christmas and New Year's break. On this issue, I have extended my WP into Tier 2 - Unrestricted. I would like to know what will the worst case scenario of applying for ILR in the next 6 months? Is there a potential for my ILR to be rejected along with my Tier 2 - Unrestricted revoked? Will the rejection also reset the clock? Kindly share your thoughts. Thanks!

Looks like you were very well eligible to apply ILR on the first stage without the need of extension, as all the business trips are being disregarded towards the total absence count.

And yes you can still apply anytime now, and the rejection of ILR wont reset your clock nor revoke your current visa ...