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ILR - Out of UK for more than 400 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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Haris2108
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Posts: 51
Joined: Sun Sep 19, 2010 6:02 am

ILR - Out of UK for more than 400 days

Post by Haris2108 » Sat Aug 04, 2012 5:54 pm

Hi

I came to UK Tier 1 visa and now I am due for ILR in 6 months.
I worked as Permanent employee in UK for a well known IT company for 4 years and now with different employer.
While I was with my former employer, I had the option of working from home and during that process I worked from India too which accounted for 412 days( each year around 3 months and less than 90 days) in these past 5 years.
However I received full salary from my company in UK for all the above period and paid taxes and NI in UK. I have payslips, P60 and bank statements as proof for my salary during the above absence period.
I took a letter from my former company stating that I was permanent employee of that company based out of UK and I worked from India during above absence period( around 300 days for work + 100 days vacation) and company paid full salary during the above period in UK.
However in the letter they did not say it as business trip but said as worked from India office and company paid full salary during the above period in UK.
Can you kindly suggest if I can go ahead apply for ILR with the above proofs? Or shall I go for Tier 1 extension?
Kindly advise
Haris

republique
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Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: ILR - Out of UK for more than 400 days

Post by republique » Sat Aug 04, 2012 8:53 pm

Haris2108 wrote:Hi

I came to UK Tier 1 visa and now I am due for ILR in 6 months.
I worked as Permanent employee in UK for a well known IT company for 4 years and now with different employer.
While I was with my former employer, I had the option of working from home and during that process I worked from India too which accounted for 412 days( each year around 3 months and less than 90 days) in these past 5 years.
However I received full salary from my company in UK for all the above period and paid taxes and NI in UK. I have payslips, P60 and bank statements as proof for my salary during the above absence period.
I took a letter from my former company stating that I was permanent employee of that company based out of UK and I worked from India during above absence period( around 300 days for work + 100 days vacation) and company paid full salary during the above period in UK.
However in the letter they did not say it as business trip but said as worked from India office and company paid full salary during the above period in UK.
Can you kindly suggest if I can go ahead apply for ILR with the above proofs? Or shall I go for Tier 1 extension?
Kindly advise
Haris
This would be a discretionary decision as to whether you qualify for ILR. You should go the home office website and look up the guidelines with respect to ILR and absences.

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