ILR - special case

[blue78]

Hi all,

I'm employed in the UK since September 2006 on WP and I'm planning to stay with my employer for two more years to be able to apply for ILR.

I work as an international IT consultant and I constantly travel abroad Mon-Fri effectively spending 3 days out of UK a week, 40 weeks a year meaning that I spend approx 120-130 days a year abroad (EU countries).

In the period of five years that will be 600 - 700 days abroad.

During that time I was/will be constanly employed, paying taxes, renting flat etc. Every weekend I can I spend in the UK, (I travel Mon-Fri).

All my services are billed from UK company to customers abroad so I bring significant amount of money to the UK.

Does anyone has experience with applying for ILR with respect to my particular circumstances?


Below is correspondence between me and IND Public Enquiries:

*******************************************************
Dear Mr XXXXX,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of Work Permit Employment / the Highly Skilled Migrant Programme is that the applicant has spent a continuous period of 5 years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

Yours sincerely,

Immigration Group
UK Border Agency

*********************************************************

Dear Sirs,

Since two years I live in London and I'm a work permit holder. I work as an IT consultant and I do projects both in the UK and abroad, dependent on the status on the market, but I'm continuously employed and permanent resident in the UK.

As I spend significant amount of time working abroad, e.g. travelling 40+ weeks (Monday-Friday) per year in various EU countries, I'm worried what is going to happen when I apply for ILR after five years in the UK? Please note that my stays abroad are mostly not longer than 5 days (Monday-Friday).

I'm aware of the fact that I spend significant amount of time working out of the country, but I do contribute to the UK economy as my services abroad are paid to the UK company, I'm employed and I pay taxes in the UK, I'm renting an appartment in London, and I spend all time that I can in the UK with my girlfriend.

The information whether I'm going to be eligible for ILR or not is of great importance to me, but Home Office told me they can't tell me anything as everything is in hands of a case worker, and I cannot get access to case workers. Could you please be so kind and provide me with the answer to my question, or at least give me an advice how to proceed to get more information re. this matter?

Thank you in advance!

Best regards,
XXXXX
*********************************************************


An excerpt from BA's answer:

> Any absences other than paid annual leave or necessary business
> trips should not exceed 3 months at a time or 6 months in total
> over the 5 year period.

I had no absences apart from business trips and pain annual leave, so how can I get an idea if my 600-700 days of paid business trips will be accepted or I will be denied ILR?


> this would be taken into consideration by the settlement caseworker -
> although we would be unable to guarantee the outcome of such an
> application.

This really bothers me as I need to wait for five years to find out if I'm eligible for ILR or not... Very unfair.



BTW, I already signed the petition re. this matter.


Many thanks for your answers!

[Sushil-ACCA]

this is really a good news unless case workers mood is not good , work leave are discounted

thanks for prositng communication

[iyanu]

blue78, honestly from my own point of view, I think you have a genuine case as per the HO/IND rule, you are covered provided you can supply valid documents and official letters to the case-worker(s) to bolster your points.

I do not see any refusal or not discounting all the days you haved officially, in terms of business or work, used abroad by the HO/IND.

I hope this will help and I think the letter fron IND is straight forward enough.

Good luck!

[blue78]

Hi guys,

Many thanks for your answers and support. Fingers crossed it works out that way!