ILR Eligibility - 9 Months Absence from the UK

gladiator2012 · Post by **gladiator2012** » Mon Jan 23, 2012 1:57 pm

I entered the UK for the first time in March 2006 on a work permit. Stayed until end of July 2008 and returned to India due to project reasons (for which I have a letter from my employer). This made a total stay of 2 years and 4.5 months in my first entry. Once I moved to India, my payroll changed to India from the UK. I still had a valid work permit until March 2009. During this time period in India, I applied for Tier-1 and obtained it in Oct 2008 with validity from Oct 2008 to Oct 2011. I did this to work with a direct UK employer of my choice. I then left my current company in Jan 2009 to join this new one in India for their UK operations. However, my travel to the UK got delayed until early May 2009 due to business reasons (for which I have a letter from the new employer). This makes my absence from the UK for a period of 9 full months. During this time, I was fully employed but my payroll was in India. I then entered the UK in May 2009 and have been here since then. I renewed my Tier-1 in Oct 2011 and now it is valid until Oct 2013. That sums up my history of key events. By end of Jan 2012, my stay in the 2nd trip will be 2 years and 8.5 months. Totalling my both stays, it will come to 5 years and 1 month excluding the absence for the UK for the 9 months. I fully qualify for the points as per the PBA based on which I applied for my Tier-1. Also, I have completed my Life in the UK test. My query is, am I eligible to apply for ILR now? Will Home Office be happy to consider my application? Looking forward to hearing from you!

hsmpengineer · Post by **hsmpengineer** » Mon Jan 23, 2012 2:08 pm

IMHO i think you will be eligible for ILR in about May 2014.

aditipritam · Post by **aditipritam** » Mon Jan 23, 2012 2:32 pm

hsmpengineer wrote:IMHO i think you will be eligible for ILR in about May 2014.

I agree..

gladiator2012 · Post by **gladiator2012** » Mon Jan 23, 2012 3:13 pm

Thanks for the replies. Is it due to the long absence or a combination of the absence and my application of Tier-1 from India and not UK?

hsmpengineer · Post by **hsmpengineer** » Mon Jan 23, 2012 3:27 pm

I think your ILR clock would hav ebeen re-set when you went over 90 days in India and your out of country application for tier 1 sort of confirms it.

gladiator2012 · Post by **gladiator2012** » Mon Jan 23, 2012 3:52 pm

I fully understand your point. However, I made my application of Tier-1 before the 90days absence was completed. I got my Tier-1 stamped within 2.5 months after my exit from the UK. Will that make any difference?

gladiator2012 · Post by **gladiator2012** » Wed Jan 02, 2013 3:07 am

Following is my case for ILR - Based on the new rule for calculating continuous stay, I have my absences below:

Year 5 - 22 Days
Year 4 - 25 Days
Year 3 - 19 Days
Year 2 - 114 Days
Year 1 - 176 Days

Will I be eligible for ILR assuming nowhere else I have a problem. Will I need letter for my Year 1 or 2 absences from employer?

Also, will same day premium appointment work for me?

PS: I had a refusal in July 2012 since I had an absence of 9 months at a stretch. Not sure if this will have any implications if I apply again.

gladiator2012 · Post by **gladiator2012** » Wed Jan 09, 2013 11:55 am

It will be really helpful if any seniors can reply to my above query. As for me, if I am eligible, the window I have is only between 14th - 18th Jan 2013 to send a valid application. Kindly let me know. Looking forward to hearing from you.

Hottie · Post by **Hottie** » Wed Jan 09, 2013 9:34 pm

Can you please add the months you were off to the years. That will help people answer your query:
E.g. Year 1 February 2008 - February 2009 = 176 days

gladiator2012 wrote:Following is my case for ILR - Based on the new rule for calculating continuous stay, I have my absences below:

Year 5 - 22 Days
Year 4 - 25 Days
Year 3 - 19 Days
Year 2 - 114 Days
Year 1 - 176 Days

Will I be eligible for ILR assuming nowhere else I have a problem. Will I need letter for my Year 1 or 2 absences from employer?

Also, will same day premium appointment work for me?

PS: I had a refusal in July 2012 since I had an absence of 9 months at a stretch. Not sure if this will have any implications if I apply again.

gladiator2012 · Post by **gladiator2012** » Thu Jan 10, 2013 12:28 am

Year Date From Date To Absent Days
5 -- 17/Jan/12 -- 16/Jan/13 -- 21
4 -- 17/Jan/11 -- 16/Jan/12 -- 10
3 -- 17/Jan/10 -- 16/Jan/11 -- 15
2 -- 17/Jan/09 -- 16/Jan/10 -- 112
1 -- 17/Jan/08 -- 16/Jan/09 -- 177

cs95tdg · Post by **cs95tdg** » Thu Jan 10, 2013 9:51 am

If you summarize the key dates & visas (with valid from & to dates) in your first post, it would be easier for others to read & comment.

Example(s):

EC Date & Visa category (with valid from & to dates),
Date of first Entry,
Subsequent in-country immigration category changes & dates,
Date you left the UK (if you did)
Subsequent out-of-country EC Date & Visa category
Date you entered the UK on susequent visa

etc...

uksettlement · Post by **uksettlement** » Thu Jan 10, 2013 10:02 am

But in my view you won't be eligible with tier 2 and tier 1 combination as u left the uk for a prolonged period. Then you shifted ur visa category from WPP to tier 1 and to make it worse you joined another employer. So there wasn't any continuity as such. So regardless of the 180 absence rule it might be difficult for you to apply for ILR based on the combination.

tokarthik · Post by **tokarthik** » Thu Jan 10, 2013 2:57 pm

I have gone through many forms it seems I agree the above post its seems you have wiat 2014

gladiator2012 · Post by **gladiator2012** » Sun Jan 13, 2013 3:58 pm

Thanks for your replies. I have a question here to see if I can extend my window of opportunity to apply - I was absent from the UK since 1st Aug 2008 with the valid WP and applied for my Tier-1 visa on the 1st Sep 2008. Can this 1 month period be disregarded? If yes, I will have some more time to think about what to do next. Looking forward to your answers.

gladiator2012 · Post by **gladiator2012** » Mon Jan 14, 2013 8:08 am

I have one more query - Can the possibility of getting into a legal battle be considered a compelling reason for absence? i.e., in order to avoid being sued, if I remain in India without travelling to the UK and thus create a long absence, will that be taken into account if the 180 days rule is met otherwise for each year?

tokarthik · Post by **tokarthik** » Sun Feb 03, 2013 1:49 pm

hi Thanks everyone
I have got ILR through with solicitor and received the ILR with out medical certificate

Thanks for every one help

karthik

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ILR Eligibility - 9 Months Absence from the UK

ILR Eligibility - 9 Months Absence from the UK