absence >90 days - what to do for ILR

mcd · Post by **mcd** » Mon Jan 04, 2010 11:43 pm

Hi

I came to UK from India on work permit visa on 25.09.2004. The visa was initially valid up to 08.09.2007 but was extended upto 08.09.08 by my employer.

During the validity period of visa, in May 2008, I obtained Tier 1 general visa valid upto 19.05.2011 but continued to work with the same employer. I was repatriated by my employer to India in Sept 08. Though I intended to work in UK, I had to leave for India since I could resign from my employer only after reporting to Indian establishment as per terms of my contract.

Hence, I left UK on 07.09.2008 and reported for duty on 13.09.2008 in India and resigned the same day. However, my employer took time in processing my papers and relieved me only on 31.12.2008. During the intervening period (13.09.2008 to 31.12.2008), I worked with them and was paid Indian salary.

I returned to UK on 07.01.2009 and got another job on 02.02.2009. Thereafter I am in continuous employment.

Though I am eligible to apply for ILR but for the more than 90 days absence from UK (07.09.08 to 31.12.08 ) on a single occasion in past 5 years, I am worried.

It may be noted that the absence is due to the earlier employment contract terms.

Do I have any chance for ILR?

pkumar · Post by **pkumar** » Tue Jan 05, 2010 8:14 am

You had a chance if you were paid in UK and you paid NI.
There are very strict on 3 month rule (please read few postings in this forum). You can try talking to Solicitors and see if they see any chance.
All the best!

mcd · Post by **mcd** » Tue Jan 05, 2010 10:31 am

Hi Pkumar

Many thanks for your prompt reply.

While counting the 90 days, can I deduct the intervening weekends and holdiays. I have read somewhere on this forum that some people were able to manage this way.

My absence was on account of the reasons beyond my control and solely the result of the terms of earlier employment contract. Can this be pleaded as an exceptional circumstance to seek exemption.

Lastly, should I attempt for ILR in person instead of by post with these justification.

Khaleel · Post by **Khaleel** » Tue Jan 05, 2010 12:38 pm

mcd, when are u applying for ILR

mcd · Post by **mcd** » Tue Jan 05, 2010 12:48 pm

Considering my current Tier 1 Visa validity upto May 2011, I have ample time. However, consideing my impending family visit to India from last week of Jan to first week of Feb and the time required to qualify the Life in UK test, I intend to apply in earliest in April/May 2010.

Khaleel · Post by **Khaleel** » Tue Jan 05, 2010 1:25 pm

Have you contacted any solicitors, the reason i am asking is i have a gap of 197 days, similar to your case, the saudi employer didnt let me resign. I qualify to apply now but not sure whether to go ahead and waste Â£1200 (2 dependants).

mcd · Post by **mcd** » Tue Jan 05, 2010 2:10 pm

Hi Khalil,

I have not yet contacted any solicitor since it is difficult to get a real expert on the subject. If you know somebody do tell me.

pkumar · Post by **pkumar** » Tue Jan 05, 2010 7:32 pm

I would call Helpline and see if they can help.

Frankly, employer's contract will not be considered as exception.

My classmate (15-20) people were in indian based company who use to visit UK and had similar gaps ... mostly around 8-9 months gap .. but none of them succeeded on getting ILR, i didn't know "how" much they tried but none of them got it ... not sure if they discussed the case with solicitor.

As i said .. if salary was paid in UK and you paid NI .. coupled with employer letter would have helped.

Also if gap is more than 90 days then you are NOT eligible for in-person.

mcd · Post by **mcd** » Tue Jan 05, 2010 10:05 pm

Thanks dear, I would look forward to the info you gather from helpline.

I know my case is not a straight forward one. That is precisely the reason, I have not yet attempted ILR despite being in UK for more than 5 years.

However, as the absence is due to circumstances beyond my control, I wish to make an attempt but after due thought and guidance from the learned members of this forum.

Khaleel · Post by **Khaleel** » Thu Jan 07, 2010 12:31 pm

Hi all,

May be this is a dumb question, but would it matter in which year you had the long absence. I have long absence of 197 days, but i had my visa extension right after i returned and got my extension. Since then i just have 2-3 weeks annual vacation per year.

pkumar · Post by **pkumar** » Thu Jan 07, 2010 6:51 pm

Basically, when you are out of country more than 90 days your clock resets and you start your 5 year period for ILR after you are back.

fahadz1 · Post by **fahadz1** » Sun Jan 10, 2010 5:31 pm

pkumar wrote:Basically, when you are out of country more than 90 days your clock resets and you start your 5 year period for ILR after you are back.

what is clock reset ? can you please explain more briefly

Post by **ChetanOjha** » Sun Jan 10, 2010 6:15 pm

pkumar wrote:Basically, when you are out of country more than 90 days your clock resets and you start your 5 year period for ILR after you are back.

source of this information?

Post by **ChetanOjha** » Sun Jan 10, 2010 6:17 pm

mcd wrote:Hi Pkumar

Many thanks for your prompt reply.

While counting the 90 days, can I deduct the intervening weekends and holdiays. I have read somewhere on this forum that some people were able to manage this way.

My absence was on account of the reasons beyond my control and solely the result of the terms of earlier employment contract. Can this be pleaded as an exceptional circumstance to seek exemption.

Lastly, should I attempt for ILR in person instead of by post with these justification.

If you can get letter from your employer which can confirm your out-of-UK-travel as business travel, you are good to go.

Khaleel · Post by **Khaleel** » Thu Jan 14, 2010 1:17 pm

Hi all,

Did any get/heard from someone who got ILR with over 200 days gap without letter from employer.

Please share it with us.

srm · Post by **srm** » Thu Jan 14, 2010 5:19 pm

Hi mcd,

even i have the same issue what you have..

though in my case i am still workimg for the same employer and i had to go to india to work from offshore

i have till now contacted many solictor and all have told that they can represnt my case but it would depend on the case worker

They would also need a proper letter from the company saying that i was required to work from india due to business reason. it is tough for me to get letter from my company in the format and now i have lost hope

more over, if i apply for postal there is no timeleine and it may take upto 6 months or more..

all the best for your apllication and do let me know if there is a success

bye
s

srm · Post by **srm** » Thu Jan 14, 2010 5:22 pm

hi,

just to add to my previous reply...

many solcitors had also refused to take my case.. they say that it would be outrightly rejected and i don't stand a single chance...

along with the company letter they aslo need payslip that i was paid in UK. If we say them that you were paid in India then it is of no use as it is treated as gap...

if you want to try your luck you can post this through postal route and explain the same thing in a covering letter along with your application ....

Thanks
srm

brandnew · Post by **brandnew** » Thu Jan 14, 2010 6:53 pm

I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

Post by **ChetanOjha** » Thu Jan 14, 2010 7:22 pm

Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

brandnew wrote:I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

gvamsimba · Post by **gvamsimba** » Thu Jan 14, 2010 11:43 pm

HI everybody, I got my Initial HSMP Visa in March 2006. and got extended under TIER1 general in march 2008 for 3 years until march 2011.

Now i am planning to apply for ILR in this march(2010). But i have been outside the UK in 2006 under HSMP for 105 days continously and more than 200 days outside overall in the last four years. But for 2006 i have a letter from my UK employer that i went to india on training.

My question is is it better to apply for ILR this march or can i
WAIT until december this year so that i can then match the continous stay in the UK ? is the second option valid as my present tier1 visa is valid until march 2011.

rajivbravo · Post by **rajivbravo** » Tue Jan 19, 2010 10:44 pm

Mine is a similar case, My company has helped me for the letter. I was transferred multiple time, out of which none was above 90 days and in total 135 days. Apart from this I had a paid trip of 78 days and around 65 days annual leave..
Can anyone suggest on my chances please...

Chetan, would it be possible to get that solicitor's detail. It'll be a great help ..

chetanojha wrote:Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

brandnew wrote:I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

rajivbravo · Post by **rajivbravo** » Tue Jan 19, 2010 10:47 pm

Have you consulted any solicitor? ... I am looking for one as well ... mine is a similar case...a plus point I see is none of those trips are above 90 days...but the doubt is regarding the salary that was paid in the country to which I was transferred and not in UK.

gvamsimba wrote:HI everybody, I got my Initial HSMP Visa in March 2006. and got extended under TIER1 general in march 2008 for 3 years until march 2011.

Now i am planning to apply for ILR in this march(2010). But i have been outside the UK in 2006 under HSMP for 105 days continously and more than 200 days outside overall in the last four years. But for 2006 i have a letter from my UK employer that i went to india on training.
ou
My question is is it better to apply for ILR this march or can i
WAIT until december this year so that i can then match the continous stay in the UK ? is the second option valid as my present tier1 visa is valid until march 2011.

rajivbravo · Post by **rajivbravo** » Tue Jan 19, 2010 11:06 pm

pkumar, not sure how correct that is ... as i have seen cases where individuals are paid allowances in UK and sal in their country of origin.. They have been granted ILR..
But have spoken to a OISC consultant who said not possible, and have asked me to seek second opinion from a solicitor...

pkumar wrote:You had a chance if you were paid in UK and you paid NI.
There are very strict on 3 month rule (please read few postings in this forum). You can try talking to Solicitors and see if they see any chance.
All the best!

rajivbravo · Post by **rajivbravo** » Tue Jan 19, 2010 11:09 pm

Helpline ... wow ...does that really work !! you can call three times to get 3 different answers ....

Simple example is last year when I got my Tier1. I called them to check about the status of my visa and they say under consideration and could take time. And i got my passport on the same day

pkumar wrote:I would call Helpline and see if they can help.

Frankly, employer's contract will not be considered as exception.

My classmate (15-20) people were in indian based company who use to visit UK and had similar gaps ... mostly around 8-9 months gap .. but none of them succeeded on getting ILR, i didn't know "how" much they tried but none of them got it ... not sure if they discussed the case with solicitor.

As i said .. if salary was paid in UK and you paid NI .. coupled with employer letter would have helped.

Also if gap is more than 90 days then you are NOT eligible for in-person.

brandnew · Post by **brandnew** » Wed Jan 20, 2010 3:42 pm

Hi rajiv,
Mine is also similiar case, was away in India continuously for 5 months and i wasnt paid allowance in the UK ( we get Salary in India and allowance in the UK). I can get a letter from employer stating that 5 moths were due to business reasons. Your friends who got ILR were of the same situation? Your response will be much appreciated. I have contacted some solicitors but they said they cannot gurantee but they can try.

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absence >90 days - what to do for ILR

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