Mano82 wrote:Guys,
I posted a query to UKBA as below on continuity and below is the response?
Dear team,
Can I request you to clarify the below query?
As per the new ILR rules for Tier 2(ICT) that have come into effect from 13 Dec, 2012 the statement regarding 180 days absence is quite ambiguous.
1. Regarding 180 days absence in a year:
The following link says "During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months."
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
And the guidance note says ""No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"
Taking the above into picture, if a immigrant is out of the country for 8 months from November 2009 to July 2010 and he/she applies for ILR (assuming that he has completed five years legally) in Feb 2013 - according to the Guidance notes Is it correct in inferring that he/she will still be eligible? (from what we read). The split across years backdated from the application date (say 1st Mar 2013) is as below.
Year 5: 01-March-2013 to 28-Feb-2012 : 27 days
Year 4: 01-March-2012 to 28-Feb-2011 : 16 days
Year 3: 01-March-2011 to 28-Feb-2010 :152 days
Year 2: 01-March-2010 to 28-Feb-2009 :101 days
Year 1: 01-March-2009 to 28-Feb-2008 : 23 days
Could you please clarify if its 180 days in any consecutive 12 months period in the last 5 years or in any of the five, two, three or four consecutive 12 month periods (according to the guidance notes)?
2. Also if this absence breaks continuity due to any reason will the employer letter stating that this absence is official helps for the ILR process?
Response from them:
Dear Sir/Madam,
I am sorry that you think the guidance on calculating the continuous period for ILR is ambiguous. The reference to the ‘..five, two, three or four consecutive 12 month periods relates to the fact that some migrant categories can qualify for IRL in shorter period than 5 years, e.g. Tier 1 (Investor) migrants can qualify after 2 years, depending upon the size of their investment.
Regardless of whether a migrant’s continuous period is 2 or 5 years, they can be outside of the UK for reasons relating to the purpose form them being in the UK for up to 180 days in any of the specified 12 month periods without breaking continuity.
In the example you have provided, the absences in each of the specified 12 months do not exceed 180, therefore continuity would not be broken.
I trust this answers your question.
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Lucapooka/cs95tdg,
Thanks for your help and valuable advise so far. Can you help me to understand how UKBA verifies if you are on UK payroll during the absence . I wont be able to provide the P60s beyond 2010 as my employer was paying the tax for me till April 2010 and I dint have the NI number as well.
As requested before, please advise
1. Is there any route which u recommend rather than waiting for 2 more years :'( ?
2. Any idea on how will they veify if you were on UK payroll or not?
Thanks for your patience so far!
Rgds,
Mano
