ILR Break More than 3 Months

bhargavk · Post by **bhargavk** » Tue Jul 12, 2011 9:38 pm

Hi Team,

I stand here completing nearly 5 years in UK and Nearing ILR in Month of September 2011. I am not sure either i am eligible for ILR or not.I Entered UK for First time in sep 2006 and Left in July 07 for 5 Months for offshore assignment and came back on Same Work permit in Dec 07. My Company I assume will provide me letter for this absence saying i was working in offshore around the same time. Remaining years I was out of UK for around 130 Days in Total. I have been working for the same company all these 5 years.

Many Thanks

jami · Post by **jami** » Tue Jul 12, 2011 10:50 pm

If your offshore assignment was not " secondment " than your 5 months absence should be aggregated on production of proper evidence from UK employer.
Currently case worker are rejecting applications having over 3 months absence at a time apparently due to error in modrenised guide which hope fully would be rectified this month.

See relevant topic at http://www.immigrationboards.com/viewtopic.php?t=82097

tier1general2009 · Post by **tier1general2009** » Tue Jul 12, 2011 11:13 pm

hi Jami,

Are you saying that even though the trip is more than 3 months at a stretch, it will be disregarded if it is not a secondment? Please clarify.

jami · Post by **jami** » Wed Jul 13, 2011 6:57 am

yes - It "should" be aggregated ( not disregarded ) on filing evidence from employer that why it was necessary and you were paid for that period in UK and taxed in Uk.
You are required to file evidence that you continued to be based in UK even in that period - such as maintaining family in UK if applicable

bhargavk · Post by **bhargavk** » Wed Jul 13, 2011 9:53 am

Hi Jami,

Thanks for the update.

Talking about evidence that i had ties with UK at around that time .

I am not sure which way I can provide evidence considering . Two constraints

1. I was as offshore deputation for those days at around
2. I did't have family back here around the same time.

Does a company letter stating i was working based in other country is suffice as a support

jami · Post by **jami** » Wed Jul 13, 2011 10:32 am

UKBA clarification states that:
"No formal time limit has been put on these type of cases in the guidance and each is decided on a case by case basis. I would expect that many of the situations you describe would fall into this category. In all cases, it is recommended that migrants provide sufficient evidence at the time and include supporting evidence why they were required to undertake the travel from employers &/or medical practitioners, when they apply for settlement. "

Considering above take chance at PEO Solihull by obtaining a strong letter from your employer as mentioned by UKBA
whether out of salary paid in your UK bank account you had savings (balances) in that period ?

bhargavk · Post by **bhargavk** » Wed Jul 13, 2011 10:39 am

Thanks Jami for your Valuable suggestions.

shimu · Post by **shimu** » Wed Jul 13, 2011 10:59 am

Hi Jami,

Could you please explain a bit about what does UKBA mean by Secondment ?

regards

imranb · Post by **imranb** » Wed Jul 13, 2011 11:02 am

bhargavk wrote:Thanks Jami for your Valuable suggestions.

bhargavk, during your 5 months offshore assignment, were you paid in UK, or offshore? If it was offshore, I see it as an issue. Maybe moderators/gurus can add further. I think Jami is assuming that you were sent on a secondment back to your offshore location, whereas my understanding of your case is that your UK assignment was a 'secondment', and you were sent back to your original offshore location for those 5 months, during which you were not paid in UK. If this is indeed what happened, then in my humble opinion your clock should reset in Dec-07, when you came back to UK. Sorry if I missed anything in this discussion.

bhargavk · Post by **bhargavk** » Wed Jul 13, 2011 11:06 am

Hi imran,

Yes you are right .

I was sent back to do offshore set up . I was back with Same workpermit.

Do you think it is problem. Is there any means i can support myself.

Regards

imranb · Post by **imranb** » Wed Jul 13, 2011 11:09 am

bhargavk wrote:Hi imran,

Yes you are right .

I was sent back to do offshore set up . I was back with Same workpermit.

Do you think it is problem. Is there any means i can support myself.

Regards

The question is 'were you paid in UK or offshore'? If your answer is offshore, I surely see it as a problem. That breaks your continuity in 5 years stay, and resets your clock to when you came back in Dec-07. Whether you came back on the same WP or not is not relevant. Moderators/Gurus, please correct me if I am wrong.

bhargavk · Post by **bhargavk** » Wed Jul 13, 2011 11:12 am

Thanks Imran.

Out of those 5 Months I had my salary deposited in Months of July and December in UK. Nothing for Months of August,Sep ,Oct and November .

Regards

imranb · Post by **imranb** » Wed Jul 13, 2011 11:22 am

bhargavk wrote:Thanks Imran.

Out of those 5 Months I had my salary deposited in Months of July and December in UK. Nothing for Months of August,Sep ,Oct and November .

Regards

OK. In which case, according to my understanding, that amounts to break in continuous stay. Being away for 5 months, and not being paid in UK for 4 of those months will surely go against you. In my humble opinion you should be eligible for ILR only in Dec 2012, as your qualifying period of 5 years actually starts only in Dec-07. Please do also wait and see what the moderators/gurus have to say on this. Best wishes to you.

bhargavk · Post by **bhargavk** » Wed Jul 13, 2011 11:23 am

Thanks Imran.

Hoping for the best.

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ILR Break More than 3 Months

ILR Break More than 3 Months

secondment ?