No of days outside UK and ILR

[fraz]

Hi All,

I am on Tier 1 General visaf from Jun 2011 that expires on Jun 2012. Actually, when I got my Tier 1 visa I went back to country for my marriage where I had stayed for about 4 months (120 days). I didn't know that to apply for ILR you can stay maximum of 180 days outside UK in your whole 5 years period of Tier 1 General visa.

I just wanted to ask, as I am married and expecting a baby soon. My wife wants me to come and see her. She also insists to see me every 6 months. Now I have left with only 60 days for the rest of 4 years which are very less.

I had also read on this board that if you can show that the tour was related to business then there should be no problem.

I am running a Ltd company and some of the money (2000 pounds) I had earned whilst I was staying in Pakistan for my IT services in Pakistan. The employer paid money into my UK bank account on which I am paying the tax too.

IS THERE ANY CHANCE I CAN GO AND SEE MY FAMILY AFTER EACH 6 MONTHS?

Please help.

Regards
Fraz

[silent_warrior]

You might want to read Annex B of Immigration document (click here). You are right about the 180 days. If you read 2.3 second paragraph, it states 'there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the United Kingdom. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.
You may be required to explain this when you fill your ILR application. Look for similar post and also post your ILR queries under this forum Immigrationboards.com Forum Index -> Indefinite Leave to Remain. Your current post may also be moved to that forum.

[fraz]

Dear silent_warrior,
Many thanks for your very quick reply.

I really love this immigration board. This is the best and top 1 immigration board I have found on Web.

Would you please advise me what should I do so there should be no problem in my ILR later while I already has overstayed (4 months) and also want to see my family now and then?

Regards

[silent_warrior]

Dear silent_warrior,
Many thanks for your very quick reply.

I really love this immigration board. This is the best and top 1 immigration board I have found on Web.

Would you please advise me what should I do so there should be no problem in my ILR later while I already has overstayed (4 months) and also want to see my family now and then?

Regards

1. Not sure why haven't you applied for your dependents to come and live with you? I think that's the first thing you should do. Additionally your dependent has to spend at least two years (not continuos) stay with you in the UK to qualify for an ILR status with you
2.For your ILR,worst case scenario would be that UKBA might not consider you first year towards your 5 years continuos period. Which would mean that your assessment period would start after your last entry (from 4 months absence abroad). For this you may have to apply for an extra extension period after the 3 year period following your next extension is complete. You have the option to apply for a second extension to satisfy the criteria
3.If UKBA were to consider all 120 days of absence as work related, then you would be left with another 180 days to for the remaining 4 years. But don't bank on this as yet. You need to use your days discretely.

Also try sending an email to SettlementOpsPolicy@homeoffice.gsi.gov.uk with your ILR queries and see what they have to say

[geriatrix]

No one can tell you today what the rules may be in 2016.

That said, reading FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders should help you find answers to the commonly asked questions and general information regarding eligibility under current rules.

[fraz]

I am very thankful to all the guys for their great answers. Regarding my wife visa, I have not applied for her as dependant as she has some problem getting her ID card back in my country, because of that I am stuck for her visa. On my side everything is ready including bank statement, accountant letter etc.

I know I have to take extra care when travelling to my country as I don't want to get into trouble.

[/b]As I am running a limited company and had earned about 3000 pounds during my absence and that money was paid into my business account. Will is not prove that I was on business trip?

[geriatrix]

Anyone can put money in your (business) account. What does that prove?

[fraz]

Hi again everybody,

I have got an email reply from ILR office and the lady advised me that I should not count the period of 4 months into my period for ILR. Does that mean I can resume my no of abentees if I don't count that 6 months into my 5 years period. I understand, that I would have to apply for an additional Tier 1 General extension to accumulate for 5 months period.

So, if I am not wrong I can go to see my family if I wish to, of course I would mind my abentees now and keep track on no of days I can stay outside the UK.

Regards

[geriatrix]

If the 4 month period of absence does not fall in the 5 year qualifying residential period preceding the settlement application, this absence can be ignored. In effect, you start counting the ILR period from the date you returned to UK after this 4 month absence.