ILR --- Stayed before & now applying job from outside UK

[rosieuk]

Hello,

I was working in UK from Jan 2008 to Sep 2011 , i.e. around 3 & 1/2 years. I was on Tier 2 general visa.
After that, I left UK to pick up a job in UAE and atpresent living in UAE.

But now I want to return back to UK. Luckily, I have got a job offer and even received CoS. Now, I am a bit confused as regards ILR is considered.

I understand that to be eligible for ILR, I should not have stayed away from UK for more than a continuous period of 3 months.
But, if I can come before this period expires, will the period that I stayed before still be considered when I wil apply for ILR?

All what I need to know is whether leaving UK & becoming a resident elsewhere and then coming back to UK still will be considered for ILR as long as I don't exceed the 3 months period?

Thanks in advance for your advice.

[alok_singh]

Hi,

you can apply for ILR but you should take care into account that this less than 90days will be counter as Leave of assence beacuse of personal reason. and If you are in the limit of absence allowed for ILR you are good for ILr, But if you have exceeded your 90days refer to other post in the forum. the decision of ILR will be on the discreation of case worker based on documentation given by you

Regards
Alok

[genorp]

Others may want to chime in on this. They may consider your time away as a break because your previous employer may have (as they should have) informed UKBA of your departure resulting in the cancellation of your previous visa which would be a break in continuity of your residence.

5.1 Calculation of the five year period for settlement

When assessing if an applicant has met the criteria for 5 years continuous
residence in the UK short absences abroad may be disregarded, provided the
applicant has clearly continued to be based here.

[alok_singh]

@genorp keyword is "UK short absences "

If you read further down the document it says

Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for
cases where:
• There have been no absences abroad, see calculation of the five year period for
settlement, and authorised employment or business in the UK has not been broken by
any interruptions of more than three months or amounting to more than six months in
total for the whole five year period. Decisions in such cases must be taken at HEO
level or above.
Or
• There have been longer absences abroad, provided the absences were for compelling
grounds either of a compassionate nature or for reasons related to the applicant’s
employment or business in the UK. No single absence abroad must be for more than
three months at a time and they must not total more than six months. Where continuous
residence has been broken, periods may be aggregated or shortfalls disregarded only
with the approval of an SEO or Grade 7


This discretion only applies where the continuity of residence has been broken due to
absences abroad. It does not apply where the lawfulness of residence in the UK has been
broken, in other words where the applicant has overstayed during the five years.

Others may want to chime in on this. They may consider your time away as a break because your previous employer may have (as they should have) informed UKBA of your departure resulting in the cancellation of your previous visa which would be a break in continuity of your residence.

5.1 Calculation of the five year period for settlement

When assessing if an applicant has met the criteria for 5 years continuous
residence in the UK short absences abroad may be disregarded, provided the
applicant has clearly continued to be based here.

[genorp]

The second bullet is right out as the absence was for a new job abroad and not for work in the UK. At least that's my take on

I left UK to pick up a job in UAE and atpresent living in UAE

As to the first bullet, that's a strange one as it says "no absences abroad" and authorised employment..... has not been broken....." Either a contradiction that needs re-wording or a meaning that needs clarifying.

In any event the OP needs water tight clarification or risk losing a thousand pounds or more (who knows what it will cost in a year's time) because taking a work assignment abroad while maintaining a valid and current work visa (the possibility for which they look at with discretion) is different than the work visa being curtailed due to leaving and taking up employment and residence in another country and then returning on a new one.

[alok_singh]

my take on this one would would be

since the document says

No single absence abroad must be for more than three months at a time and they must not total more than six months. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only
with the approval of an SEO or Grade 7


It would be better to return back to UK with 3 months if you are targetting ILR and not lets your case fall in the the absence of more than 3 months duration.

@genorp keyword is "UK short absences "

If you read further down the document it says


• There have been longer absences abroad, provided the absences were for compelling
grounds either of a compassionate nature or for reasons related to the applicant’s
employment or business in the UK. No single absence abroad must be for more than
three months at a time and they must not total more than six months. Where continuous
residence has been broken, periods may be aggregated or shortfalls disregarded only
with the approval of an SEO or Grade 7


This discretion only applies where the continuity of residence has been broken due to
absences abroad. It does not apply where the lawfulness of residence in the UK has been
broken, in other words where the applicant has overstayed during the five years.

Others may want to chime in on this. They may consider your time away as a break because your previous employer may have (as they should have) informed UKBA of your departure resulting in the cancellation of your previous visa which would be a break in continuity of your residence.

5.1 Calculation of the five year period for settlement

When assessing if an applicant has met the criteria for 5 years continuous
residence in the UK short absences abroad may be disregarded, provided the
applicant has clearly continued to be based here.