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ILR Eligibity & Break in contineous stay

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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AGS
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Posts: 4
Joined: Sat Nov 07, 2015 7:12 pm

ILR Eligibity & Break in contineous stay

Post by AGS » Sat Nov 07, 2015 10:22 pm

Hi This is in ref to Indefinite leave to remain: calculating continuous period in UK V12.0 9 Apil 2015, Page 23 "Employment outside of the UK - If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year."

I came to UK in July 2006 and on Work Permit and then switched to Tier-1 in 2008. In October 2009 went to South Korea for Job working for Abudhabi based company. In Jan 2011 I got JOB in UK and since then I am working in UK.

I have provided my Korea Address in last three Tier-1 Extension applications. As I was working for Abudhabi based company and Income tax paid in South Korea so HMRC do not have any details about this JOB. However as I worked some months in 2009-10 & 2010-11 so HMRC have records or my tax and NI in these years.

Now if I consider the employment outside UK as break in continuous stay then my ILR eligibility is from 28 DEC 2015. However if its not break then now I am eligible for ILR application.

I have provided my all travel details below. Now I am confused with above rule and looking for advice of seniors about my eligibility date for ILR application. Really appreciate any guidance on this subject.

Date left UK Date Return UK Reason for abesence Days Out side UK
02/11/2015 23/11/2015 Working Offshore on th UK Continental shelf 20
05/10/2015 26/10/2015 Working Offshore on th UK Continental shelf 20
14/09/2015 28/09/2015 Working Offshore on th UK Continental shelf 13
19/09/2014 07/10/2014 Vacation - Mother Heart Surgery in India 17
27/11/2013 29/12/2013 Work Visit to South Africa & 5 Day Vacation 31
22/03/2013 08/04/2013 Vacation - Visiting Parents in India 16
02/10/2012 10/10/2012 Work Visit to South Africa 7
04/07/2012 15/07/2012 Work Visit to South Africa 10
23/12/2011 08/01/2012 Vacation - Visiting Parents in India 15
13/01/2010 23/01/2011 Work in South Korea 374
13/10/2009 10/01/2010 Work in South Korea 88
09/10/2009 11/10/2009 Vacation - Visiting Parents in India 1
27/06/2009 05/07/2009 Vacation - 9 day Europe Tour 7
15/05/2009 15/05/2009 Vacation - 1 Day Trip to Brugge (Brussels) 0
12/12/2008 10/01/2009 Vacation - Visiting Parents in India 28
16/12/2007 01/01/2008 Vacation - Visiting Parents in India 15
03/11/2007 12/11/2007 Vacation - Visiting Parents in India 8
07/07/2007 05/08/2007 Vacation - Daughter Birth in India 28
15/03/2007 18/03/2007 Vacation - 4 day trip to Switzerland 2

Absence in last five Years.

Year Duration Absence Reason for absence
Year-1 27 Nov 14 to 26 Nov 15 53 Business: Providing Services offshore on the UK continental shelf
Year-2 27 Nov 13 to 26 Nov 14 48 Vacation: 22 Days . Business: 26 Days working in South Africa
Year-3 27 Nov 12 to 26 Nov 13 16 Vacation: 16 Days visiting Parents in India
Year-4 27 Nov 11 to 26 Nov 12 32 Business: 17 Days working in South Africa. Vacation 15 Days
Year-5 27 Nov 10 to 26 Nov 11 57 57 Days Working in South Korea

Thanks,
AGS

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILR Eligibity & Break in contineous stay

Post by Wanderer » Sat Nov 07, 2015 10:33 pm

I think these break your 10 years..

"13/01/2010 23/01/2011 Work in South Korea 374
13/10/2009 10/01/2010 Work in South Korea 88"
An chéad stad eile Stáisiún Uí Chonghaile....

AGS
Newly Registered
Posts: 4
Joined: Sat Nov 07, 2015 7:12 pm

Re: ILR Eligibity & Break in contineous stay

Post by AGS » Sun Nov 08, 2015 6:14 am

Thanks for your reply Wanderer,

However as I am on T-1(G) Visa, I need only five year continuous stay to apply for ILR.
Considering the 180 Days absence rule can I apply now or count 5 Years from 23 Jan 2011 when I came back from South Africa.

Regards,
AGS

AGS
Newly Registered
Posts: 4
Joined: Sat Nov 07, 2015 7:12 pm

Re: ILR Eligibity & Break in contineous stay

Post by AGS » Wed Nov 11, 2015 11:20 pm

Hi Really appreciate some clear guidance from seniors.

Regards,
AGS

FaeLLe
Member of Standing
Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London

Re: ILR Eligibity & Break in contineous stay

Post by FaeLLe » Tue Nov 24, 2015 10:01 pm

Read the continuous residence calculator policy guidance it has your answers.

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