Hi Manci,
The table is here.
Year 1 ----------- 28-Apr-2010 to 27-Apr-2011 ----------- 157 days **
Year 2 ----------- 28-Apr-2011 to 27-Apr-2012 ----------- 17 days
Year 3 ----------- 28-Apr-2012 to 27-Apr-2013 ----------- 24 days
Year 4 ----------- 28-Apr-2013 to 27-Apr-2014 ----------- 0 days
Year 5 ----------- 28-Apr-2014 to 27-Apr-2015 ----------- 0 days
** My details:
- Workpermit issued for Intra-company transfer - vaild from 20-Nov 2008 to 20-Nov- 2010.
First entry in UK: 01-Dec 2008
Left UK: 15-Aug 2009
- Applied Tier 2 ICT - Applied from India and valid from 22-Sep-2010 to till date.
re-entry to to UK: 01-Oct 2010
I had a long break more than a year - Aug 2009 to Oct 2010
i.e. worked for same employer for same UK business at offshore location[/quote]
Hi Manci, Did you have a chance to look at this? Is my case ok to apply for ILR?
My doubt is that, whether Home Office will consider the 157 days absense falling at the
beginning of first qualifying period itself since I had a long break (more than a year). Once a solicitor told me that it will not be considered, and the second entry will be taken as a fresh arrival. Is this true?[/quote]
There is nothing in immigration rule 245AAA that wouldn't allow an absence at the beginning of the 5 year period provided you had valid leave (which you did) and provided you were employed in the UK even though you were working abroad (245AAA(b)).
https://www.gov.uk/government/uploads/s ... _final.pdf
The table is OK and IMHO you can apply on 27 Apr. When I said earlier that you can only apply on 4 Apr was based on a misunderstanding of the situation.[/quote]
Hi Manci,
Many thanks for your kind advise. I almost preapred to book an appointment but am stopped by a point, I need clarification, so that I am aware what needs to be done.
For all other categories, absences must be consistent with or connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided.
Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.
However, time spent away from the UK for extended periods, particularly if the business no longer exists, would not be allowed
Please see the last point. Would this impact my case? will HO consider the time spent in my WP as valid because it looks like my 15 months absense does not compile to short secondment or business trip..?
Because my current employer is quoting this point (seems he checked with his own solicitor) and so that he does not want to provide me the current employer letter!! (I understand they do not have any obligation even if my ILR is getting refused, he just tells me that he does not want an unsuccessful ILR application through their company)
I have the letter from my previous employer but it just validates that I worked in UK business while I was at overseas office, and also validates the annual leaves.
Hugely appreciate your help to understand this guideline point.
