ILR - Days Overseas Working - Contractor/Self Employed.

[supermankelly]

Hi,

My situation:
I am on my 5 year Ancestry ending in April 2013. (Although will have been here 7 years). My current work contract ends 31st December and there is a possible contract which would put me overseas for 6 - 9 months. 3-4 would be while still on my Ancestry (5 years) and the rest would be while on ILR. (Note: I would still be paying tax via my UK LTD company)

Question:
1) Would the last 3-4 months of my Ancestry I'm overseas be counted as days away and go against me?

Quote from http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"You must ignore short absences abroad if it is clear that the applicant has continued to be
based in the UK. Examples of this type of absence include:
 holidays consistent with annual paid leave
 business trips consistent with maintaining employment or self-employment in the UK."

A friend made a comment he was told it's up to whomever looks over the application. But I need black and white answers not maybes. Since taking this contract could end my chance of ILR after 7 years of being here, that would suck!

2) How do I find out if I'm biometric enrolled. I had a "Biometric appointment" when applying for Ancestry 5 years ago, but have no ID which apparently is required for a PEO appointment? Is what I did the same thing.

3) They say don't apply until within 28 days of end of the 5 yr period. But I've seen only people still waiting for ILR after 6 weeks of sending. This would mean overstaying. Is this Ok with them?

Much Thanks
Andrew

[Haideez]

Hi Supermankelly,

Don't know if you've found answers to your questions (or taken action anyway) as this was posted a while ago but thought out of courtesy someone should reply.

3-4 months out of the country would definitely complicate your application for ILR as you are not supposed to have any single trip out of the country that exceeds 90 days and your total days out of the country in the past five years should not exceed 180. They have recently made amendments to this rule but it is confusing.

If you don't have a biometric residence permit then chances are you haven't got what they are looking for. I received one when I renewed my UK Ancestry visa and they took my fingerprints and scan of my face etc.

You apply for ILR within the 28 days of your visa expiring and yes they can take months to give you an answer but once your application has been submitted you are able to stay on visa you currently have until they decide an outcome. My ILR application was going to be too risky due to the fact I'd spent too long outside the UK at the start of my visa so I applied to extend my UK Ancestry visa, have waited nearly a year and I'm applying for ILR now. An expensive way to go about it, but a lot safer than have them deny me ILR and have to return to Aus and start from scratch!