Long Residence ILR: Anyone over 540 days been successful?

[muttly]

Hi, I intend on applying for my ILR as I have been here for nearly 10 years. However I have been out of the country for more than 540 days during this time. Was wondering if anyone else has ever been in the same case and been successful in getting their ILR?

[AndreyM]

Same question here.

I saw a lawyer, she was very sure it's impossible to get ILR if 540 overstayed, and she said there can be no excuses for work trips or family matters. Now that I read more posts in here, it seems to be not the case?

Could someone direct me at where I can read about business trips, or other ways to avoid counting all my days of absence towards 540 days? Or successful applications with over 540 days?

[Amber]

Yes it is possible to be granted ilr when you break the absence limitation. However, you would have to show exceptional and compassionate reasons, such as you were in hospital abroad, family were very ill etc.... With evidence, can you do that? And how much in excess if 540 were you? Were any absences in excess of 180 days at a time? If so, how much?

[AndreyM]

No stays abroad longer than 81 days.

So say I'm over by ten days now. I'd like to be out for a month in coming two years.

I work in TV, and have been going back to my home country for about a month in total to produce films. I have invoices for that tim from UK-based companies.
Also, I have had to visit two funerals and help arrange them, could that count?
I also vuisited doctors, as NHS have put unbelievable waiting times on urgent procedures.... And I have doctors documents supporting my visits... That could count towards somethig....

Would any of these work? If so, how certain? Any examples I could look up?

[Amber]

No stays abroad longer than 81 days.

So say I'm over by ten days now. I'd like to be out for a month in coming two years.

I work in TV, and have been going back to my home country for about a month in total to produce films. I have invoices for that tim from UK-based companies.
Also, I have had to visit two funerals and help arrange them, could that count?
I also vuisited doctors, as NHS have put unbelievable waiting times on urgent procedures.... And I have doctors documents supporting my visits... That could count towards somethig....

Would any of these work? If so, how certain? Any examples I could look up?

If you have documentary evidence for the funerals and medical reasons then that should be ok. However, I would avoid any further travel unless absolutely necessary as you've already exceeded the limit.

[AndreyM]

This is so strange. I paid huge fee to a lawyer, and she was certain that is not the case.

As I said, is there anywhere to look up this examples to be sure? Or some official bodies I could consult before commuting to 2 years?

You are extremely helpful and quick, thank you!

[AndreyM]

Also, could me travelling as a sole trader rather than someone employed full-time be a problem?

Kind regards,
Andrey

[Amber]

Discretion for breaks in lawful residence
You must always discuss the use of discretion with a senior caseworker. You must be
satisfied the applicant has acted lawfully throughout the whole 10 year period and has made
every effort to obey the Immigration Rules. The decision to exercise discretion must not be
taken without consent from a senior executive officer (SEO) or equivalent.

That is the important paragraph here (click) at page 17.

Thus you need to provide strong evidence that it was beyond your ability to get back in time.

I would avoid any more travel.

[AndreyM]

But it was not that I could not get back in time... I knowingly left, to attend funeral, work, etc...

But I will need to see my family at least once a year, so travel can not be eliminated completely. Do you think I have to cut it sharp?

[Amber]

But it was not that I could not get back in time... I knowingly left, to attend funeral, work, etc...

But I will need to see my family at least once a year, so travel can not be eliminated completely. Do you think I have to cut it sharp?

Or the reason why the travel was imperative. Well you take a risk relying on a senior caseworker's discretion if you travel to just generally see family members.

[AndreyM]

Thank you, I understand that. I am in that grey zone either way as I'm 561 days already... So the gamble with my working days should mean I either recover two months and spend time in UK without discomfort of being locked in the country, or lose either way...

[Amber]

Thank you, I understand that. I am in that grey zone either way as I'm 561 days already... So the gamble with my working days should mean I either recover two months and spend time in UK without discomfort of being locked in the country, or lose either way...

That's only 21 days over which might be excusable due to funerals and medical reasons, however, to exceed that to 'visit family' is unlikely to be allowed and you'll have to wait more time.

[AndreyM]

So, any success stories to be shared in here?

[TheGreenTea]

I am over 540 days limit and still applied at the discretion of the case worker.
You can apply, as you have spent 10 years in the UK. However, it is a small chance that the case worker will grant you ILR. Moreover, if your application is unsuccessful on the grounds of break in continuance than you will not be allowed to appeal the decision. It will not affect your chances for future applications though (i.e. you can reapply once the reasons for the refusal will go away, in your case days spent outside the UK)
I have seen two lawyers and neither have charged me for a consultation.
One said, that UKBA is not keen on settlement applications , so he doesn't advice applying when I am clearly in breech.
Another one said, that I can apply, as they have certainly had cases when applicants were granted ILR but it is at the discretion of the UKBA officer. Also, I had to submit evidence why I had to be out of the country.

Personally, I know one person who had around 1200 days out of the country over 10 years and was granted ILR (took them 3 months to decide, back in 2011-2012).

PS: I have applied in December 2012, and still no news.

[muttly]

The reason for my absence is mostly due to the fact I was in boarding school under the age of 18 and was required to return home for holidays. Would this reason be considered?

[TheGreenTea]

The reason for my absence is mostly due to the fact I was in boarding school under the age of 18 and was required to return home for holidays. Would this reason be considered?

A person with 1200 days absence was in the exactly the same situation and got ILR.
I have similar issue - boarding school/university (can't stay at college accommodation outside term times). I haven't heard anything from UKBA yet.

Again, this application is at the discretion of the officer. The reason will be considered, but no one could tell you whether you will get ILR or not.
I only advice applying in the following case:
a) you don't mind loosing around £1000 in case of unsuccessful application and waiting for 6 months or more for this decision
b) your current visa is running out soon and there is no chance you can extend it (i would still wait until a week before its expiration, so at least you can appeal if your application is refused).

Otherwise i would advise either
- wait until the absences are within the 540 days limit
- wait until you can apply for ILR via different category (work visa), so you can do it at PEO in one day

[muttly]

Since your application and while waiting to hear back, were you able to seek employment and work as usual

[TheGreenTea]

Since your application and while waiting to hear back, were you able to seek employment and work as usual

The status of your visa is not affected by your ILR application. If you have a valid work permit - you can continue your employment.
If your work permit expires whilst UKBA is still considering your ILR application, your status is still unchanged until application is decided- i.e. you can still continue working.
Same for other types of visas.

You can continue looking for employment, nobody is stopping you. However, I believe you would need to vary your ILR application if your new employer decides to sponsor you under Tier 2 and pay the difference in fees. (Not entirely certain on this point, better call Home Office and confirm with them).

[muttly]

Thanks, the problem is that I have just graduated so am still on a student visa.

Not sure if any employer would hire me full time on a student visa while my application i being considered.

[TheGreenTea]

Thanks, the problem is that I have just graduated so am still on a student visa.

Not sure if any employer would hire me full time on a student visa while my application i being considered.

The fact that you are still on a student visa should not stop you looking for jobs.
Big corporations like UBS for example don't care, they will open a Tier 2 visa easily for a graduate. You just need to convince them that they want you.
I would not bother with small firms, as they would have to open a license to employ a foreigner etc and the whole process (with legal fees) amounts to about £3000. Unless you have a specific industry knowledge they wouldn't be willing to go through the hassle . Still worth a try striking a deal with HR (.e.g suggesting paying the fees yourself and dealing with the application as well)
Apply for ILR and go to interviews, it is a long process and if the company likes you they will either wait for your ILR to come through or open up Tier 2 visa for you.

Good luck!

[TheGreenTea]

FYI

My application was refused.
Reasons for refusal:
1. Broken leave because spent in total more than 18 months (540 days) absent from the UK.
2. Left UK at one point after my leave was expired and came back after more than 28 days. Therefore the continuous residence was broken at that point and any residence prior to that point cannot count towards continuous residence.

[Amber]

How many days over 540, and wat was the reason for the absence?

When did you leave the uk without leave, why and when did you get entry clearance to return to the UK?

[TheGreenTea]

1. 66 days over the limit, had to leave outside term times as couldn't stay in college or university accommodation -due to their policy (had letters from college and university confirming this)
2. had an exam 2 days after leave expired, only noticed it during the exam period so didn't have time to extend visa (and college wouldn't have done so anyway, as apparently whilst you are doing a-level exams you are technically not a student anymore - their words, not mine). so overstayed 4 days and again had letters from the exam board, college confirming all of this. returned back to the uk 3 months later to go to university

basically in my case it was - "you don't tick all the boxes, apply when you do".

[Amber]

1. 66 days over the limit, had to leave outside term times as couldn't stay in college or university accommodation -due to their policy (had letters from college and university confirming this)
2. had an exam 2 days after leave expired, only noticed it during the exam period so didn't have time to extend visa (and college wouldn't have done so anyway, as apparently whilst you are doing a-level exams you are technically not a student anymore - their words, not mine). so overstayed 4 days and again had letters from the exam board, college confirming all of this. returned back to the uk 3 months later to go to university

basically in my case it was - "you don't tick all the boxes, apply when you do".

from the date you overstayed, when did you apply for entry clearance?

[muttly]

Very sorry to hear your application was refused.

Are you thinking of appealing? How long do you have before you have to leave?

I doubt I am now going to pursue my application as I exceed by about 200 days.

It does certainly suck knowing you have to give up a life having grown up here.