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ILR Absence more than 180 days

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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hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

ILR Absence more than 180 days

Post by hemant_lakhani » Thu Jan 30, 2014 9:37 pm

Greetings,
I am looking forward to apply for ILR, but I have doubts due to my absence of more than 180 days.

Here are some details:
I entered UK in Oct 2007 on Work Permit,
Switched to Tier 1 General in Aug 2009 within UK,
Left UK on 10 Jan 2010 and came back 19 Sept 2010 (Absence of more than 180 days, 252 days), Reason is my employer is India based and I had to go to India due to work in India.
I currently have Tier 1 extension valid until Oct 2014.

Please advice if I am eligible for ILR in this situation? What letter do I need from employer about the absence?

If not simply with above information, I also have query if I break the 252 days absence in 2 years making it less than 180 days in 2 consecutive years, does it make me eligible?
So, does below scenario makes me eligible for ILR in May 2014 ?

Year From To Absence Reason
1 17-May-08 to 16-May-09 20 days Family member marriage in India
2 17-May-09 to 16-May-10 126 days Work in India
3 17-May-10 to 16-May-11 126 days Work in India
4 17-May-11 to 16-May-12 0 days
5 17-May-12 to 16-May-13 0 days
6 17-May-13 to 16-May-14 0 days

Experts/Gurus, Please help and advise, if I am eligible or do I really need another Tier 1 General extension?
Thanks in advance, Kind regards.

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

Re: ILR Absence more than 180 days

Post by dk2011 » Fri Jan 31, 2014 9:41 am

You should be ok with the continuous period calculation that you have posted . In my opinion you don't need extension.

hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

Re: ILR Absence more than 180 days

Post by hemant_lakhani » Fri Feb 21, 2014 2:21 pm

Also, is there any requirement that the person needs to be paid in UK during his absence as I was paid in India during work based in India and was not paid in the UK. Please advise.

gayatriraju
Newly Registered
Posts: 2
Joined: Sat Feb 22, 2014 10:47 am

Re: ILR Absence more than 180 days

Post by gayatriraju » Sun Feb 23, 2014 12:03 am

My details are as given below. Can you please assess me for ILR.

Overall UK Stay:
02nd Dec 2006 to 24th Feb 2008 on Workpermit
25th Feb 2008 to 24th May 2010 (Peternity on 21st Mar 2008 & working with same UK Client & same Company in India having supporting documents as proof)
25th May 2010 to till date (Staying in UK on tier2 (ICT) Long Term Leave to Remain)

Further details are given below:

Entered UK with Work permit on 2nd December 2006 (i.e. having validity 17-Nov-06 to 17-Nov-08).
2nd Dec 2006 to 24th February 2008 - Working in UK for British Telecom.
Went back to India to work with same client and company due to perternaty issue (Baby born on 21st Mar 2008).
I worked in India for the same UK client with same Indian company due to offshore work & personal problem and applied for CoD on 31st March'2010 Applied for Cos and details are
Date of issue: 31-Mar-10
Start date: 08-Apr-10 & End date: 08-Apr-12
Visa Type: Tier 2 (ICT) Established Staff.
Got visa on 08th May'12 and entered UK on 23rd May 2010.

Further visa Tier2 (ICT) Long to Leave Remain got on :
Date of issue: 16-Apr-12
Start date: 09-May-12 & End date: 08-May-13

Date of issue: 07-May-13
Start date: 09-May-13 & End date: 08-May-14

I am working for with same company from Sep'2004.
I am working for same customer i.e. "British Telecom" client from August'2005 to "Jan 2013".

Please assess my eligbility and let me know if you need more detail sir.

hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

Re: ILR Absence more than 180 days

Post by hemant_lakhani » Mon Feb 24, 2014 10:01 am

hemant_lakhani wrote:Also, is there any requirement that the person needs to be paid in UK during his absence as I was paid in India during work based in India and was not paid in the UK. Please advise.
Somebody Please advise ASAP

ram14esh
Member
Posts: 130
Joined: Wed Feb 19, 2014 1:31 pm

Re: ILR Absence more than 180 days

Post by ram14esh » Mon Feb 24, 2014 1:30 pm

my understanding is that only if you are out of UK more than 180 days per calendar year from the date of application you will have trouble otherwise no issues. For clear understanding check the replies posted to my topic 'Tricky situation - ILR impact - required help'

hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

Re: ILR Absence more than 180 days

Post by hemant_lakhani » Mon Feb 24, 2014 9:13 pm

I want to clarify on if there is any requirement for allowed absence that during absence for work reason, person has to be paid UK salary and not India salary (as I was not paid salary in UK but was paid salary in India).

I work for an India based employer, they have sent me to UK on projects for clients, My absence is due to my employer sent me back to India for other projects work.

If I was getting salary in India do I fall in below category from the UKBA document - calculating continuous period Page 22 of 31

"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken."

Please help and advise ASAP. Thanks for your help...

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