Contractor 211 Days Absence - Pls Help visa expires soon

[catnap2012]

Hi all, I'd like to ask the forum what my chances for success of getting ILR are given I've spent 211 days out of the UK for non work reasons. This is my case:


- HSMP+Tier 1 = 5 years in the UK

- Absences out of the UK over last 5 years = 211 days, already excluding day leaving and returning to UK

- Absences were all holidays and not work/business related.

- Visa expires mid July 2012 (soon!)


Included in the absences is a 83 trip I took last year from Feb - May 2011. I took this trip because my unmarried partner who I've lived with for 2 years, got sabatical leave from his work for three months, so we took a round the world trip together. During this time he remained on his employers payroll and was still receiving a salary. He went straight back to work after we arrived home. Basically if I hadn't taken this trip I would not be over the limit.

Myself, I'm contractor working through a Limited Company structure. To take the 83 day trip I finished my contract. However during the holiday although I was not working, I continued to draw a salary/dividends from my limited company bank account.

I read on another post:

When absences exceed the permitted lmit
The success of your application will depend on the evidence(s) you provide to support your claim(s), as such applications are subject to discretion. Specially so when the "no single absence of 90+ days" has been breached and/or the total absences are "significantly" more than 180.

e.g. -
1. Were you employed / paid in the UK during your absences?
2. Why was your excess absence justified from employer's perspective (e.g. - skills, expertise, client contract obligation, language competency etc.)?
3. Were you on paid leave or unpaid leave (or combination thereof) for the duration of this absence?
4. Did your family, if you have one, stay back in the UK during this absence?
5. Did you maintain and continue paying for accommodation in the UK for this period?
6. Did your child(ren), if you have any, continue attending school in the UK while your were away?
7. Did your (dependant) spouse, if you have one, continue to remain in the UK and if employed did he / she continue working?
8. If absence was maternity related, why couldn't you deliver the child in UK (cultural / family reasons not accepted).
9. If for medical reasons, evidence from NHS /UK doctors that you couldn't be treated in the UK and also evidence from doctors overseas that your medical condition and treatment prevented you from returning to UK any earlier.


- Given my facts and the information above, what are my chances of getting ILR?

- Given that I still took a salary whilst away, is this the same as taking annual leave?

- Can I book an on the day appointment?

- If I use a lawyer or visa permit agency to help me get my visa are my chances better of getting an on the day appointment?


I'm also considering applying for EEA2 (partner visa), but of course I would prefer if I can get the ILR if there is a good chance I can get it.



Thanks for your help.

[geriatrix]

1. IMHO, 211 is not "significantly" more than 180.
2. Unlike employed applicants with paid leaves limited as per their employment contract, self-employed applicants have the liberty to take as many paid leaves as they wish. Do you have a company secretary who can certify your paid leaves on behalf of the company? I don't think self-certification will be accepted.

[catnap2012]

Yes my accountant act as company secretary.

I know some people have been out of the UK for more than 180 days due to business reasons and that is ok since they have a letter from their employer that they had to travel for business, and they were still being paid whilst away. But can paid annual leave days, for a holiday, be taken on top of the 180 days?

[geriatrix]

Absences on account of business / work assignments and on account of (annual) paid leaves are disregarded when certified by the employer, and for self-employed applicants, by the company secretary.

[chosenaik]

Also, show as many documents as you can verifying that you maintained ties with UK. E.g. council tax bills, utility bills etc.