Single trip absence -102 days outside UK for ILR application

[prasanta210]

Hi All,
I was in Work permit from 16th March 2008 to June 2010. But I got Tier-1 general on 18th Feb 2010. Then I was out of UK from 20th march 2010 to 30th June 2010, which is 102 days on a single trip. Again I returned back to UK on 30th June 2010 and continuing till now. The total absence in 5 yrs period is 150 days.
During the above 102 days absence period, I was getting India salary only. No UK salary.

Can you please suggest , Am I eligible to apply ILR? I am not finding any clear picture about more than 90 days absence in a single trip.

Do I need to take any letter from my previous employer for 20th March to 30th June 2010 although I was in Tier-1 visa during that time? I dont have any letter from my earlier employer other than the release letter during June 2010.

Can you please suggest.

Thanks
Prasanta

[uksettlement]

90 days absence isn't an issue anymore.

No letters needed for the absence if you are on tier 1.

http://www.whatdotheyknow.com/request/c ... ermited_ab

[ashpan23]

http://www.whatdotheyknow.com/request/c ... ermitted_a

Now It's mentioned in clear words:

there is no longer a 3 month limit for a single absence

[alok_singh]

Hi All,
I was in Work permit from 16th March 2008 to June 2010. But I got Tier-1 general on 18th Feb 2010. Then I was out of UK from 20th march 2010 to 30th June 2010, which is 102 days on a single trip. Again I returned back to UK on 30th June 2010 and continuing till now. The total absence in 5 yrs period is 150 days.
During the above 102 days absence period, I was getting India salary only. No UK salary.

Can you please suggest , Am I eligible to apply ILR? I am not finding any clear picture about more than 90 days absence in a single trip.

Do I need to take any letter from my previous employer for 20th March to 30th June 2010 although I was in Tier-1 visa during that time? I dont have any letter from my earlier employer other than the release letter during June 2010.

Can you please suggest.

Thanks
Prasanta

my case was the same be careful of the following. when you say you were in India for 102 days and were getting paid in India . then uk employment is nor primary and your continuous period may be broken . read the guide on calculation of continuous period .
in general if you when to India with the main purpose to settle in uk this should be ok.
guidelines are not clear in this regard to prepare your case . also when you were getting paid in India was your work permit still valid.

Regards
Alok

[prasanta210]

Thanks Alok for suggestion.
Yes, I can show that I have been to India to come back for UK for new employment.
The work permit was valid till June but I believe, Once I did my Tier-1, it it will superceed the work permit and Tier-1 visa will be valid from the day it issued(18th feb) and the work permit will be cancelled.

Regards,
Prasanta

[alok_singh]

Thanks Alok for suggestion.
Yes, I can show that I have been to India to come back for UK for new employment.
The work permit was valid till June but I believe, Once I did my Tier-1, it it will superceed the work permit and Tier-1 visa will be valid from the day it issued(18th feb) and the work permit will be cancelled.

Regards,
Prasanta

you should be fine them , by the way I don't think Tier 1 Cancel your Work Permit, you can still be working with same employer and switch Visa.

Main point is that there was overlapping period between your Tier1 and Workpermit and you should be fine

[cs95tdg]

The work permit was valid till June but I believe, Once I did my Tier-1, it it will superceed the work permit and Tier-1 visa will be valid from the day it issued(18th feb) and the work permit will be cancelled.

Yes, correct. If you read your T1G approval letter carefully you will notice that it states that any previous LTR would be superceded by your T1G LTR from your T1G approval date.

I.e. As your application was to switch immigration categories, you would never have valid LTR as both a WP Holder and T1G Migrant at the same time.

Note that this does not in any way stop you from continuing employment with the employer who originally sponsored your WP.

[prasanta210]

Thanks All for all your suggestion.
I will update once I prepared my documents and ready for ILR application.

Thanks you so much.
Prasanta

[alok_singh]

Thanks All for all your suggestion.
I will update once I prepared my documents and ready for ILR application.

Thanks you so much.
Prasanta

you will be fine I had single absence of 17O and got 2 days back.

since December rule change it is now very straightforward.

[db83]

@alok_singh - The 170 days single absence - did you provide any documents to show your absence.

ta mate

[alok_singh]

@alok_singh - The 170 days single absence - did you provide any documents to show your absence.

ta mate

I have got much help this forum and now it my time to help others.

My case :
Details of my absence


S.No Date of leaving UK Date returning back to UK No of Days Reason for Away
0 11-Jan-08 23-Mar-08 71 Holidays
1 12-Jun-08 12-Jun-08 0 Business
2 14-Nov-08 30-Apr-09 165 Business
3 13-Jun-09 30-Jun-09 16 Holidays
4 09-Aug-09 21-Aug-09 11 Business
5 25-Oct-09 27-Oct-09 1 Business
6 13-Nov-09 27-Nov-09 13 Business
7 14-Oct-10 15-Oct-10 0 Business
8 08-Nov-10 09-Nov-10 0 Business
9 03-Mar-11 03-Apr-11 30 Holidays
10 09-May-11 13-May-11 3 Business
11 30-May-11 01-Jun-11 1 Business
12 05-Jul-11 07-Jul-11 1 Business
13 18-Jul-11 22-Jul-11 3 Business
14 30-Aug-11 02-Sep-11 2 Business
15 19-Oct-11 21-Oct-11 1 Business
16 07-Nov-11 11-Nov-11 3 Business

few more about 40 days in year 2012 for Business and Annual Leave.

Supporting document:
0. Life in UK
1. 4 year P60
2. 12 month Payslip and bank statement
3. All pervious home office
a) Work permit
b) HSMP approval letter
c) Tier 1 Extension Letter
d) Tier 1 2nd Extension Letter
4. Passport / BRP
5. Letter from Employer supporting all business travel in the list.
6. Letter from Employer supporting the purpose of long travel for 165 days which reason
a) why I was perferred resource
b) business benefits that came form the travel
c) account handling during that time
7. Letter for missing entry stamp when entering UK on passport in year 2009
8. Letter form Employer the i am still needed to continue my work in future
9. IRIS registration form ( since I did lot of travelling I has registered and avoided any future missing of passport stamps on arrival)
10. Earning letter from employer
11. Covering letter showing calculation of number of days of absence in year 1 to year 5 from the date of application


my experience was very nice this time compared to Tier 1 2nd extension at PEO croydon.

arrive in PEO sheffielf at 9.20 although appointment was for 11.00 AM

initial check by 9.30 and was told that I have wait bit longer because I am before the appointment time,

9.40 : Payment done
11.00: Called for BRP . Case worker during BRP told that my looks OK since the rules has changed in Decemeber
1.00 : Case worker called that he will start working on my case and it will take an hour . I handed him photocopies and explained the I have mentioned the page number on the passport for every entry stamp.

I went for lunch came back around 2.00 PM

at 2.15: case worked called me and said your application is successful


Waiting for BRP currently

[srk2012]

[quote="uksettlement"]90 days absence isn't an issue anymore.

No letters needed for the absence if you are on tier 1.

http://www.whatdotheyknow.com/request/c ... ermited_ab[/quote]


Do we need letter if we are on Tier 2?

Can you please see my post in

http://www.immigrationboards.com/viewtopic.php?t=117518

and guide me if the letter I have is enough?

[prasanta210]

Hi Guys,
Today, I had called to UKBA customer care(00 44 -870 606 7766) just to verufy about their views on this.
One gentle lady picked up the phone and I explained the gap which is more than 90 days. he admitted that, there are new rules but 'She told that, I know what point you are intend to mention to me but it will affect the ILR as you have 90 days gap at one time as it is not related to work/helath problem. He told that I can't commit anything but you can make a try"

So not sure if that lady is aware and she knows how it goes while processing the ILR or She is not fully aware of the current rule etc.

Any comments.views?

Regards,
Prasanta

[ukimmigrant]

Hello Alok_singh,

Can you please send/post the format of the letter from the employer to prove your absence.. what should be mentioned in it?

I saw in some post that 'provide evidence that travel outside of the UK was essential and that there would have been serious implications for the business if the excessive travel had not been incurred'.

Our HR dept gives only generic letter - they only mention the travel was job related/business purposes. They do not mention 'serious implications' or excessive loss for the business etc..

thanks..