ILR UK Absence (153 days at a Strech and 264 days total)

[uksettlement]

Hi All,

I will qualify for ILR in April 2013 and want to get your opinion on one main question is it best to apply at a PEO or make a postal application. I am tempted towards postal but it will be good to get your opinions on this.

HSMP approval march 28 2008
HSMP approval 4th April 2008
Landed in uk in end of April 2008
1st extension 9th nov 2009 (same day PEO) visa granted from 9th nov 2009 to 4th April 2013

Based on this I can apply in mid-march 2013 if I go for postal.

Total absence: 264 days
dec 2008 to jan 2008 about 20 days
June to July 2009 about 35 days (business trip to India 2 weeks holiday and 3 weeks work)
Nov 2010 to jan 2011 approx 60 days (business trip to India)
Jan 2011 spent a week in uk
Jan 2011 to June approx 153 days (business trip to India)
July 2011 onwards there is no further break.

Personal reasons or paid leave: 20+14=34
Business trips: 20+62+153=225

All business trips were related to employment wherein 1st visit was to explore the potential of outsourcing, 2nd was to setup the operations and 3rd was to manage it for sometime. During all the trips I was paid in uk, have letter from employer and all my salary slips, bank statements and p45s. Also the, employer letter states that the trips were necessary for the employer as well as my employment. I didn't maintain the house here in the last two visits.

I left that job and took up a new job in jan 2012.

Now as per the guidance I will have problems as both the clauses of continuous residence are broken more than 180 days in 5 years and 90 days at stretch.

I know it's not straightforward application hence I was thinking of going for postal application.

If they refuse I will appeal and worst case go for one more extension if required.

I would want to know what the senior members of the forum feel?

Two questions:
How should I apply, Postal or PEO?
What do you think are the chances of it being successful at the first attempt?

Thanks!

[uksettlement]

Any one can through some light on this case please?

[ITGraduate]

Any application with more than 90 days stretch HO is taking it seriously

Personally I would post it but please wait for experts to answer

make sure you get plenty of supporting documents for that long absense

Good Luck

[ryan2020]

well you have couple of months you can prepare accordingly. as advised by ITGraduate you should have many documents for that absence.

if you are not in a rush and patient then apply by post wait for 6 months and relax.

if you want to travel or you can't wait then apply in PEO.

Please do not go to solihull & belfast they won't take your application. rest all will take your application BUT there are less chances you will get decision same day.

hope this helps

[gaurav76.5]

you would have to explain clearly what was that 153 absence for...better if you can take a letter from your employer confirming that they have sent you on a business trip...

[uksettlement]

I have letters from employer that the trips were necessary for me to undertake and very important for the company etc. I was paid in the UK also got Pay Hikes when I was working on the Project etc. But I agree PEO is the best alternative.

[gaurav76.5]

you would be OK then..best of luck

[uksettlement]

Thanks a lot Gaurav.