Am I eligible for ILR : Rethink after change on 13th Dec2012

[alok_singh]

Dear Senior members,

With the new guideline Do I stand any chance of applying ILR before trying for Tier1 2nd extension . My current leave will end on 21 Feb 2013


First Entry on Work Permit : 28 th Oct 2007
Returned back and got EC : 16 Jan 2008
First Entry on HSMP : 23 March 2008


Below is my list of absence 2 main one in red.

S.No Date of leaving UK Date returning back to UK No of Days Reason for Away Reason for Away Country
1 16-Jan-08 23-Mar-08 66 absence due to personal reasons ( Switched Visa from WP to Tier1) Holidays India
2 12-Jun-08 12-Jun-08 0 employer authorised work-related absences Business Paris,France
3 13-Sep-08 22-Sep-08 8 absence corresponding to annual paid leave (7 AL ) Calender year 2008 Holidays India
4 14-Nov-08 30-Apr-09 165 Mixed : details are below Personal / Business India/Saudi Arabia
5 13-Jun-09 01-Jul-09 17 absence corresponding to annual paid leave (13 AL ) Calender year 2009 Holidays India
6 09-Aug-09 21-Aug-09 11 employer authorised work-related absences Business Bangkok,Thailand
7 25-Oct-09 27-Oct-09 1 employer authorised work-related absences Business Madrid,Spain
8 13-Nov-09 29-Nov-09 15 employer authorised work-related absences Business Bangkok,Thailand
9 14-Oct-10 15-Oct-10 0 employer authorised work-related absences Business Munich,Germany
10 08-Nov-10 09-Nov-10 0 employer authorised work-related absences Business Oslo,Norway
11 03-Mar-11 03-Apr-11 30 absence corresponding to annual paid leave( 20 AL ) Calender Year 2011 Holidays India
12 09-May-11 13-May-11 3 employer authorised work-related absences Business Austria,Vienna
13 30-May-11 02-Jun-11 2 employer authorised work-related absences Business Austria,Vienna
14 05-Jul-11 07-Jul-11 1 employer authorised work-related absences Business Austria,Vienna
15 18-Jul-11 22-Jul-11 3 employer authorised work-related absences Business Austria,Vienna
16 30-Aug-11 02-Sep-11 2 employer authorised work-related absences Business Austria,Vienna
17 19-Oct-11 21-Oct-11 1 employer authorised work-related absences Business Paris,france
18 07-Nov-11 11-Nov-11 3 employer authorised work-related absences Business Austria,Vienna
19 14-Dec-11 16-Dec-11 1 employer authorised work-related absences Business Munich,Vienna
20 18-Dec-11 21-Dec-11 2 employer authorised work-related absences Business Austria,Vienna
21 11-Jun-12 14-Jun-12 2 employer authorised work-related absences Business Oslo,Norway
22 25-Jun-12 28-Jun-12 2 employer authorised work-related absences Business Austria,Vienna
23 03-Jul-12 22-Jul-12 18 absence corresponding to annual paid leave ( 15 AL ) Calender Year 2012 Holidays India
24 01-Oct-12 02-Oct-12 0 employer authorised work-related absences Business Dusseldorf, Germany
25 05-Nov-12 07-Nov-12 1 employer authorised work-related absences Business Dusseldorf, Germany
26 12-Dec-12 13-Dec-12 0 employer authorised work-related absences Business Dusseldorf, Germany


Details on 165 days absence

S.No Date of Entering Country Date of Leaving Country No of Days Reason for Away Reason for Away Country
1 15-Nov-08 30-Dec-08 45 employer authorised work-related absences Business Saudi Arabia
2 31-Dec-08 16-Jan-09 16 absence corresponding to annual paid leave calender year 2008 (12 AL) Holidays India
3 17-Jan-09 07-Feb-09 21 employer authorised work-related absences Business Saudi Arabia
4 08-Feb-09 28-Feb-09 20 absence corresponding to annual paid leave calender year 2008(6 AL ) and 2009( 9 AL ) Holidays India
5 01-Mar-09 25-Mar-09 24 employer authorised work-related absences Business Saudi Arabia
6 26-Mar-09 02-Apr-09 7 absence corresponding to annual paid leave ( 5 AL) from calender year 2009 Holidays India
7 03-Apr-09 30-Apr-09 27 employer authorised work-related absences Business Saudi Arabia


To provide additional information I am with same employer for since March 2008 and they are ready to give me supporting document needed for ILR.

When filling ILR application form we need to give explanation of all absence which are more 90days .
During my absence of 165 days . I have following proof to support my residency will that be enough ?
1. Salary paid to my UK account ; Bank statement
2. Salary Slips
3. Mobile phone contract payment
4. Car insurance premium payment.
5. payment to UK credit card .

Since I was living in shared accommodation at that time so I don't have payment towards rent transaction.

I have following questions
1. My current leave to remain expires on 21 Feb 2012. If I apply for ILR in person and decision cannot be made sameday , will I get my passport back while home office is deciding on my application
2. Can I apply for Tier 1 General 2nd extension( in person, provided I get back passport in point 1) while ILR application is pending decision . I want to be sure that if ILR is refused I am still covered.


standing member your help is much appreciated.

[arifahmmed]

Your 165 days and other small absences are not a big issue. A strong supporting letter from your employer stating/ explaining following issues will be enough. Mode of business trip, why it was necessary, if avoided then impact on business.
However confused/ worried about your first 66 days absence when you switched WP to tier1. Did your previous stay ran out on that period.

According to new guidence all absences showld be in line/ related with economic activity being carried out in the UK.

[alok_singh]

Your 165 days and other small absences are not a big issue. A strong supporting letter from your employer stating/ explaining following issues will be enough. Mode of business trip, why it was necessary, if avoided then impact on business.

No my previous stay was valid until 21/02/2010 and I retunred back on 30/04/2009. I returned back stayed for 9 months and applied for extension. which was 3 yr

However confused/ worried about your first 66 days absence when you switched WP to tier1. Did your previous stay ran out on that period.
According to new guidence all absences showld be in line/ related with economic activity being carried out in the UK.

Sorry for confusion I had switched from Work Permit to HSMP. I have the HSMP approval letter The initial 66 days gap was to apply for Entry Clearance because I had HSMP approval letter . So I went back applied for Entry clearance and then came back on HSMP.
Above reason do you think is in line with the new guideline ?

[arifahmmed]

Why you thinking about your previous WP issue. Your five contineous period starts from your First Entry on HSMP : 23 March 2008. That is it. aAnd you will be apply under Tier1 3yr+ hsmp2 Yr. No worries.

[alok_singh]

it is wise to apply for ILR 28days before the current leave expires which is 21.02.2013.

so my initial gap from 21/02/2008 to 23/03/2008 can be disregarded as this was first entry on HSMP and all remaining period can be accounted towards 5year of continuous residency .

Does the new guidelines means anyone who has traveled outside UK while he /she was unemployed will reset the continuity counter unless support by compelling reason or compassionate grounds.

If above understanding is correct this will imapct many people as during the recession many were impact went back and then came back when job market was better.

[salf27]

Hi Alok, I alos have a single work related absence for more than 160 days. Can you please share the letter format which your employer has given to you as I would also need one in the same line ?

[anush23]

it is wise to apply for ILR 28days before the current leave expires which is 21.02.2013.

so my initial gap from 21/02/2008 to 23/03/2008 can be disregarded as this was first entry on HSMP and all remaining period can be accounted towards 5year of continuous residency .

Does the new guidelines means anyone who has traveled outside UK while he /she was unemployed will reset the continuity counter unless support by compelling reason or compassionate grounds.

If above understanding is correct this will imapct many people as during the recession many were impact went back and then came back when job market was better.

I've spoken to few solicitors and they say that as long as the leaves dont exceed 180 days it doesnt matter if the leaves are paid or unpaid if you are on Tier 1 General. Its different for WP.