Guidance required for ILR application

[Bildor]

Hi guys,

Need some advise with regards to ILR application.

Scenario is as follows:

Current visa type is Tier 1 General
1st stamped with HSMP on the 4th of February 2008
Entered the UK on the 7th of March 2008
But had to travel back home on the 15th of March 2008 (My presence was required for liquidation of quite a number of my assets back at home)
Came back to the UK May 30th 2008 (total absence of about 75 days)
Tier 1 extension visa stamped March 18 2010
I'm planning to apply for ILR February 2013.

Do you think the 75day absence will count against me, bearing in mind i was not employed at the time ?
if so, do i need to provide a compelling or compassionate reason in the form of a letter ?

[Muscovite]

Hey, I've got the same scenario as yours
http://www.immigrationboards.com/viewtopic.php?t=122048

The only thing I don't understand in your case is why they stamped your Tier 1 extension on March 18, 2010. This doesn't make any sense bearing in mind your previous visa expired in Feb and you first entered UK on the 7th of March 2008. Anyway this is just a little detail which probably is irrelevant as dates are close.

In caseworkers guidance I believe there is a remark that initial absences (up to 3 months) may be disregarded. Not sure if all of them are aware of these notes though.

[Bildor]

The only thing I don't understand in your case is why they stamped your Tier 1 extension on March 18, 2010. This doesn't make any sense bearing in mind your previous visa expired in Feb and you first entered UK on the 7th of March 2008. Anyway this is just a little detail which probably is irrelevant as dates are close.

@Muscovite,

I did my extension by post. I posted my application on the 1st of feb 2010 and recieved it back sometime in April and it was stamped on the 18th of March.


Can some of the senior members pls comment.

I am aware that, as long as the immigration law is concerned, i shouldn't have any problems as i was away for less than 180 days.

i'm just trying to get views/opinions of those that have done same in the past: can caseworker delay or refuse application based on my scenario.

[Spidery_thread]

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245AAA. General requirements for indefinite leave to remain

245AAA(b)(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

(My presence was required for liquidation of quite a number of my assets back at home)

You can include a letter from a solicitor back home explaining your presence for above reason was a must by law of your home country.(as you have not been employed for that 75 days period).

[Bildor]

@Spidery_thread

Thanks for your view.

Please correct me if i am wrong, but my understanding of 245AAAb(ii) is that it excludes Tier 1 general.

245AAA(b) starts off as: "Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent)Migrant, a highly skilled migrant, a businessperson, an innovator, an investor, a self-employed lawyer or a writer, composer or artist: *******

[Spidery_thread]

245CD-SD Specified Documents:

Where 245CD(j) confirms 245AAA(b)(ii).

Any absences under 180/year, are disregarded for T1G period leading to ILR. But you can still include letter for absence just to be on safe side.

[Bildor]

ok

thanks for that .

will see if i can get letter from solicitor back at home to include.

cheers

[Ramana66]

Hi Bildor,

All the best with your application. I too have a similar situation and like to follow your approach.

Cheers,

Ramana