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ILR Eligibility with 125 days out of country & no UK Salary

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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spzenthil
Member
Posts: 133
Joined: Mon Mar 14, 2011 4:43 am

ILR Eligibility with 125 days out of country & no UK Salary

Post by spzenthil » Wed Jan 22, 2014 10:50 pm

Hi Experts,

Need your help in understanding whether 125 days out of country and no UK Salary during that time would cause any problem in applying ILR.

I was working for a company in India and came onsite with Tier 1 General visa first entered UK in Dec 2009 and went back to India in Jan 2011 and continued working offshore till May.

I returned back to UK in May 2011 and started working in a new company and now I am eligible for ILR this december.

In this those 120 days between Jan 2011 to May 2011, I was not working for any company in UK and don't have any payslips or

Will there be any problem when I apply for ILR ? about those 120 days absence out of country?

Need your advice on this.

Thanks,
-Senthil

dk2011
Senior Member
Posts: 526
Joined: Mon Mar 18, 2013 9:10 pm

Re: ILR Eligibility with 125 days out of country & no UK Sal

Post by dk2011 » Thu Jan 23, 2014 9:36 am

No. You shouldn't have any problem.

spzenthil
Member
Posts: 133
Joined: Mon Mar 14, 2011 4:43 am

Re: ILR Eligibility with 125 days out of country & no UK Sal

Post by spzenthil » Thu Jan 23, 2014 9:49 am

Thanks dk2011. Glad to hear that.

Another clarification on the same lines Do I need any letter for any vacation taken during my working in my first company? I took about 10 days leave and went to India.

I was trying to get a letter from the first company and they are happy to provide one as well but they will mention my relieving date which would be May 2011. I remember earlier ILR rule mentions that you should be primarily employed in UK and if your employment in UK becomes secondary then it will be considered as a break in stay. I was trying to find whether this information is present in the current ILR eligibility rules but there is no mention of that.

In short I want to know, do I need that letter? if yes, will the relieving dates mentioned in the letter would cause any problems?

Thanks in advance.
-Senthil

dk2011
Senior Member
Posts: 526
Joined: Mon Mar 18, 2013 9:10 pm

Re: ILR Eligibility with 125 days out of country & no UK Sal

Post by dk2011 » Thu Jan 23, 2014 10:04 am

You can get the letter and keep it and most probably you don't need this letter.

spzenthil
Member
Posts: 133
Joined: Mon Mar 14, 2011 4:43 am

Re: ILR Eligibility with 125 days out of country & no UK Sal

Post by spzenthil » Thu Jan 23, 2014 10:42 am

Thanks dk2011. Even I am planning to do the same.

My concern is I remember reading this rule sometime back that if your primary employment is outside UK then it will be considered as break in your stay. Is this still valid?
What if the case worker asks for the letter and find the relieving date and think of this rule.
I searched through UKBA website for this rule with various search string but unable to find so. I am just preparing myself for the worst case scenario here.

Thanks again for your inputs.
-Senthil

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