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Desperate Request For ILR Advice 337days (HSMP+T1 G) Absence

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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chrams
Junior Member
Posts: 63
Joined: Thu Nov 17, 2011 1:13 pm
Location: London

Desperate Request For ILR Advice 337days (HSMP+T1 G) Absence

Post by chrams » Tue Nov 29, 2011 12:21 pm

Dear Moderators,
My name is Venkat and I am grateful for your great help of immigration advice here.


I hold Indian Passport. I came to the UK on 28th August 2006 on Working Holiday Maker Visa and apparently I converted my status to

Highly Skilled migrant Visa:
Issued on : 16th January 2007
Valid upto : 16th January 2009

Tier 1 General Migrant Visa:
Issued on : 05th December 2008
Valid upto : 15th January 2011

Absences from the UK:
1. 01/02/2007 to 26/04/2007 - 83 days – Personal trip (No employment at this time in the UK)
2. 30/04/2008 to 31/07/2008 - 91 days – Business trip (Paid in the UK, had payslips and bank statements and employer letter supporting letter as well)
3. 28/12/2008 to 19/03/2009 - 80 days – Business trip (Paid in the UK, had payslips and bank statements and employer letter supporting letter as well)
4. 25/03/2010 to 06/04/2010 - 11 days – Self employed
5. 01/05/2010 to 15/06/2010 - 45 days – Self Employed
6. 09/04/2011 to 08/05/2011 - 28 days – full time perm. Employee and on paid annual holidays. Had payslips and bank statements as well

I am satisfying for ILR all required criteria, but the only annoying issue is my Absences.

Please see following below thread and your valuable advice could give me the way forward for my application:
http://www.immigrationboards.com/viewtopic.php?t=90393


Question -1:
As initially I came to the UK on WHM visa and had no intension to settle here before coming here. But Once I am in the country had changed my mind and decided to settle and applied for HSMP thought of IT skills update for better employability in the UK and that is the main reason for absence from the UK.

In the 1st absence I was out of the country for about 83 days without any employment as my wife came with me when I came back. I was with friends at this time and I had paid only my o2 mobile bills at this time and no other ties in the UK. (Rest of the all other times I was away from the UK I had paid my rent, council tax, BT, Sky and water bills through direct debit and I could highlight them on my bank statements.) Will this be a problem of breaking my residence in the UK for my ILR application?

Question -2:
In the second business trip I just crossed 90day rule as I was on UK based employer business trip to India. is it be another causing issue?

Question – 3:
Total days out of the country in 5 years is 337 days which consists of 171 days business trips and 165 days (unpaid, self employed and paid ) personal holidays. In this situation what would be my ILR success chances?

Question - 4:
I am satisfying all the Tier1 G extension requirements, for risk avoidance do you advise me to apply for another extension? My only worry in this case is, we know Government intensions, they want to talk to the rules day by day and if all of sudden if they decided say no more ILRs, I jeopardise my life. I would require your valuable advice on this to choose which option?

If you think my case is critical and advise me to go through an expert Immigration solicitor, please suggest me who could swiftly handle my case? I will approach them. I am getting tension day by day. I am blessed with a boy a year ago and he born here in the UK. A little family and clear intension to settle in the UK.

Look forward to hear from you at your earliest convenience.

Thanks & regards,
Venkat
chrams@rediffmail.com

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Nov 29, 2011 2:15 pm

Please continue in your previous topic.
Life isn't fair, but you can be!

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