overstay out of uk

rupali123 · Post by **rupali123** » Thu Feb 16, 2012 9:30 am

Hi ,
I am on tier 1 visa in uk and my ILR is due in oct 2012 but i have stayed out of uk for more than 180 days period 7 months in same trip due to an accident with my younger child
I was still employed here and was paid for 2 months ..so my question is should i apply for extension or ILR on compassionate reason basis and if i apply extension will it reset my clock .

Post by **geriatrix** » Thu Feb 16, 2012 7:19 pm

The 7 months' continuous absence from UK would have reset your ILR clock already. Do apply for extension if you wish to continue working in the UK.

Seek professional advice to get an idea if your circumstances (for which you were absent from UK) can be considered as compelling or compassionate for UKBA to ignore such a long absence. Do note that you may be required to present adequate documentary evidences to explain the "compelling / compassionate" circumstances.

Rishika · Post by **Rishika** » Thu Feb 16, 2012 8:35 pm

Hi can you please advise me as well i travelled for last year for approx 65 days of which i was working remotely for 52 days and my normal payroll worked her in Uk ...would i need a letter to support my remote working ...and does this count as business travel ....

sushdmehta wrote:The 7 months' continuous absence from UK would have reset your ILR clock already. Do apply for extension if you wish to continue working in the UK.

Seek professional advice to get an idea if your circumstances (for which you were absent from UK) can be considered as compelling or compassionate for UKBA to ignore such a long absence. Do note that you may be required to present adequate documentary evidences to explain the "compelling / compassionate" circumstances.

fahadz1 · Post by **fahadz1** » Thu Feb 16, 2012 9:50 pm

Rishika wrote:Hi can you please advise me as well i travelled for last year for approx 65 days of which i was working remotely for 52 days and my normal payroll worked her in Uk ...would i need a letter to support my remote working ...and does this count as business travel ....

sushdmehta wrote:The 7 months' continuous absence from UK would have reset your ILR clock already. Do apply for extension if you wish to continue working in the UK.

Seek professional advice to get an idea if your circumstances (for which you were absent from UK) can be considered as compelling or compassionate for UKBA to ignore such a long absence. Do note that you may be required to present adequate documentary evidences to explain the "compelling / compassionate" circumstances.

as long as you are < 90 days it should be fine. ya you need letter from your employer to cover this absence

rupali123 · Post by **rupali123** » Thu Feb 16, 2012 11:06 pm

sushdmehta wrote:The 7 months' continuous absence from UK would have reset your ILR clock already. Do apply for extension if you wish to continue working in the UK.

Seek professional advice to get an idea if your circumstances (for which you were absent from UK) can be considered as compelling or compassionate for UKBA to ignore such a long absence. Do note that you may be required to present adequate documentary evidences to explain the "compelling / compassionate" circumstances.

Thanks for your reply ..So if i apply for extension and then apply for ILR after six months will that be fine or i need to spend 5 more years and then apply for ILR

fahadz1 · Post by **fahadz1** » Thu Feb 16, 2012 11:12 pm

Thanks for your reply ..So if i apply for extension and then apply for ILR after six months will that be fine or i need to spend 5 more years and then apply for ILR[/quote]

thats what i'm confused as well. there is no one in the forum who has doen that neither i have read any where on UKBA website...

seniors or guru put some light on this please....

i still didnt get the answer for this one...

Post by **ban.s** » Thu Feb 16, 2012 11:27 pm

as your ILR clock has been reset you have to complete 5 years from the date of re entry after your long absence.

fahadz1 · Post by **fahadz1** » Fri Feb 17, 2012 12:20 am

ban.s wrote:as your ILR clock has been reset you have to complete 5 years from the date of re entry after your long absence.

where it is written ? every budy comes and write this ? but can you give the link where its written that you have to spend another 5 years ??????

vishaljelly · Post by **vishaljelly** » Fri Feb 17, 2012 12:45 pm

Yes ! your ILR clock will be reset and Day 1 starts from the date of enrty after the long absence you had

The same thing happened to us. The main applicant was my wife and had miscarriage in 5th year (please note we stayed for good four years without any break which doesn't mean any thing to UKBA) and at 4.4th year damage happened which reset our ILR clock and we are eligible to apply ILR only in March 2016

Nothing works out here please think before you apply !
We had substantiated our application with all necessary documents but no use

I am not discouraging you but just to let you know the fact that compassion does not exist and especailly in your case you didn't have any probelm for yourself and your child had the issue

Imagine if they can't consider the main applicant only when had so much of probelm where the intensity will be naturally more there is a little chance of considering your case as the probelm is indirectly related to you

Still want to try ? will be a gamble for the fee you pay and you stand a very thin chance

(we came in Sept 2006 and under HSMP JR)
applied in Sept 2011 and got refused and have been asked re-apply in march 2016

vishaljelly · Post by **vishaljelly** » Fri Feb 17, 2012 12:58 pm

where it is written ? every budy comes and write this ? but can you give the link where its written that you have to spend another 5 years ??????

It need not be written ! it is implicit and should be understood.

The Policy is you need to spend a continuous 5 years to qualify for ILR
If you break your journey start from the step 1

There is no discrete mechanism available here like fan where you can control the speed pressin 1 ,2,3 ....
It is a Binary mechanism YES or NOT that's it !

fahadz1 · Post by **fahadz1** » Fri Feb 17, 2012 3:47 pm

vishaljelly wrote:Yes ! your ILR clock will be reset and Day 1 starts from the date of enrty after the long absence you had

The same thing happened to us. The main applicant was my wife and had miscarriage in 5th year (please note we stayed for good four years without any break which doesn't mean any thing to UKBA) and at 4.4th year damage happened which reset our ILR clock and we are eligible to apply ILR only in March 2016

Nothing works out here please think before you apply !
We had substantiated our application with all necessary documents but no use

I am not discouraging you but just to let you know the fact that compassion does not exist and especailly in your case you didn't have any probelm for yourself and your child had the issue

Imagine if they can't consider the main applicant only when had so much of probelm where the intensity will be naturally more there is a little chance of considering your case as the probelm is indirectly related to you

Still want to try ? will be a gamble for the fee you pay and you stand a very thin chance

(we came in Sept 2006 and under HSMP JR)
applied in Sept 2011 and got refused and have been asked re-apply in march 2016

so how much extension they give you ? when they rejected did you have FLR ???

Post by **geriatrix** » Fri Feb 17, 2012 6:51 pm

For extension one has to apply for "extension" - using the right form and paying the associated fees.
Refusal of settlement application does not mean "extension instead for no extra cost".

fahadz1 · Post by **fahadz1** » Fri Feb 17, 2012 9:22 pm

sushdmehta wrote:For extension one has to apply for "extension" - using the right form and paying the associated fees.
Refusal of settlement application does not mean "extension instead for no extra cost".

that what i'm asking that they refused for ILR and now they have extension till 2016 etc ...

ranga_12345 · Post by **ranga_12345** » Sat Feb 18, 2012 7:51 pm

@visha & sushdmehtal - Could you please let me know if rejecting ILR application had any impact on your Tier 1 Extension ?.

I am in the similar boat with an absence of 339 days(all are paid leave & business trip). My current Tier 1 expire on 30th April. I am want to understand if I apply ILR and get rejected due to long absence, can I apply for my Tier 1 extension ?

Thanks
Anil

fahadz1 · Post by **fahadz1** » Sat Feb 18, 2012 7:56 pm

ranga_12345 wrote:@visha & sushdmehtal - Could you please let me know if rejecting ILR application had any impact on your Tier 1 Extension ?.

I am in the similar boat with an absence of 339 days(all are paid leave & business trip). My current Tier 1 expire on 30th April. I am want to understand if I apply ILR and get rejected due to long absence, can I apply for my Tier 1 extension ?

Thanks
Anil

I also need to know the answer of this. as far as i know if you have LTR after you refused from ILR you can apply extension but if UKBA refused they will never send you application back until your LTR expired.

ranga_12345 · Post by **ranga_12345** » Sat Feb 18, 2012 9:04 pm

Senior Members, Could you please clarify the below question

If I apply for ILR under 5 year Tier 1 category and get rejection after my current Tier 1 Visa expires, will I be able to apply for Tier 1 extension?

(Say My current Visa is valid till March 30 2012, I apply for ILR on 1st March 2012, UKBA rejects the application in May 2012, will I be able to apply for Tier 1 extension ?)

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