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ILR with 7 months absense

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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Victoria721
Newly Registered
Posts: 2
Joined: Sun Sep 11, 2011 10:32 pm

ILR with 7 months absense

Post by Victoria721 » Sun Sep 11, 2011 10:58 pm

Hi there, would need some help here.
I have been working in the UK since May2006 (continuously). The 1st two years was in London and then the remaining years in another town. Both companies have offerred me with Work Permit. I should be eligible to apply ILR in May2011 but things just happened and due to family matter, I have been away for 7 months (under sabbatical leave) and couldn't make any effort to return to the UK within these 7 months.

For my case, if
1) I'm still eligible for ILR application after refilling the 7months absense?
or
2) I will need to restart another 5 years counting from my last entry - Jan2011?

Hope to hear from you guys, and many many thanks.

Bobbylondon
Newbie
Posts: 44
Joined: Thu Aug 25, 2011 3:03 pm
Location: London

Re: ILR with 7 months absense

Post by Bobbylondon » Mon Sep 12, 2011 4:45 am

Victoria721 wrote:Hi there, would need some help here.
I have been working in the UK since May2006 (continuously). The 1st two years was in London and then the remaining years in another town. Both companies have offerred me with Work Permit. I should be eligible to apply ILR in May2011 but things just happened and due to family matter, I have been away for 7 months (under sabbatical leave) and couldn't make any effort to return to the UK within these 7 months.

For my case, if
1) I'm still eligible for ILR application after refilling the 7months absense?
or
2) I will need to restart another 5 years counting from my last entry - Jan2011?

Hope to hear from you guys, and many many thanks.

Hi Victoria,

Generally UKBA follow 90 days rule, that one should not be out of UK for more than 90 days at one stretch. However I saw one thread on this forum, where, one person 5 months, was successfull on ILR, due to medical grounds & provided all GP & NHS etc. reports. including home country reports.
So looking at this case, if you can convince case worker, there is a chance.
All the best :)

malepiscean
Member
Posts: 100
Joined: Sun Nov 28, 2010 9:40 am
Location: London
United Kingdom

Re: ILR with 7 months absense

Post by malepiscean » Mon Sep 12, 2011 12:32 pm

Here are my suggestions (am not an expert though):

1) Is your reason for absence because of "compassionate" reasons by any chance? e.g. death, illness, marriage in family or similar situations

2) If yes, then the chance of your success is directly proportional to how strong an evidence do you provide for the same and how well you present your case.

3) If possible, go through a well experienced solicitor.

4) Goes without saying that for the time that you were in the UK you need to have all the usual evidence that is required, e.g. P60s, salary slips, bank account statements, employer letters etc.

5) I guess, even for the time you were away if you can, you should demonstrate economic activity through things like credit card transactions, rent payments, not sure if tax payments will apply here etc.

Hope it helps. Would like to hear from others as well.

Victoria721
Newly Registered
Posts: 2
Joined: Sun Sep 11, 2011 10:32 pm

Re: ILR with 7 months absense

Post by Victoria721 » Mon Sep 12, 2011 10:28 pm

Thank you guys! Will try my best!

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