I am a work permit holder since 2002 and will not be eligible until July 2007 to apply the ILR according to the new 5-year-policy (which could have applied under the old law)!!
It was agreed with my company that I will be sent back to China to open an office from October this year estimated that I would be granted the ILR by then. Now the problem is that if I still stick with the original plan, which means from October 06 to July 07, I will be absent outside the UK for 9 months!! Even though I can come back to the UK every two months during this period, but the total absences must be over 3 months…
Questions 4.2 of form SET (O): “Have you had any individual absences of 3 months or more outside the UK? If you have answered yes to question 4.2, you should list these absences in the spaces provided below and explain the reason(s) for the absence(s).”
Will they refuse my ILR application indicating that I am planning to reside in China rather than the UK? My company will state in a letter saying that all the absences are business-related, my salary will still be paid to my UK bank account and all the utility bills will be sent to my UK property.
But my questions are:
1. Does the 3 months or more absences mean to be continuous or in total?
2. Shall/should I be honest of saying yes??? or ‘no’ if I keep each absence less than 3 months??
3. Will those UK immigration officials check and count the dates I am absent? If yes, how? given the fact that no stamps are made in my passport when I leave the UK, but China did stamp both inbound and outbound.
Does anyone have any advice at all? I would be very grateful. Thank you sooooooo much!!!