Tier 1 General Continuous residency break due to offshore pr

Hi All
Im in a bit of dilemma here . I'm planning to apply for ILR next year May 2016 and I'm on a tier 1 visa . I'm self employed and I was working for a UK based company and they sent me for an offshore project for the following dates as mentioned below. My wages have been paid into my UK account month every month.

These are the periods of absence from the country while I was on the offshore project,

22 May 2014 - 20 Aug 2014 - 90 days
05 Sept 2014 - 17 June 2014 - 286 days

I've spoken to a lot of solicitors and everybody says I stand very little chance of getting an ILR even though I was working for a UK based company.
Can anyone please tell me if I stand a chance of getting ILR ?

Read FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

You can break the 280+ days absence to fall in two 12-months periods.

How is that possible ? My visa expires on May 2016.

Can you list all your absences in a calendar year for the last 5 years as per the ILR continuos residency period.

e.g April 2011 - March 2012 - 116

Hi
Please see below

Tier 1 visa - May 2011
Visa expires on May 2016

11 Apr 2015 - 18 Jun 2015 - 67 days
05 Sept 2014 - 10 Apr 2015 - 286 days (offshore project)
22 May 2014 - 21 Aug 2014 - 90 days (offshore project)
1 Mar 2013 - 23 Mar 2013 - 22 days
11 Jan 2012 - 31 Jan 2012 - 20 days
23 Jun 2011 - 20 Sept 2011 - 87 days

vivekprd wrote:Hi
Please see below

Tier 1 visa - May 2011
Visa expires on May 2016

11 Apr 2015 - 18 Jun 2015 - 67 days
05 Sept 2014 - 10 Apr 2015 - 286 days (offshore project)
22 May 2014 - 21 Aug 2014 - 90 days (offshore project)
1 Mar 2013 - 23 Mar 2013 - 22 days
11 Jan 2012 - 31 Jan 2012 - 20 days
23 Jun 2011 - 20 Sept 2011 - 87 days

Your absences are not put properly. Please follow the below link and paste your absences as per the day you came in and which day you plan on applying using the 28 day rule.

https://www.gov.uk/government/uploads/s ... _clean.pdf


The 286 days gap no matter whether working outside for a UK company and paid in UK is immaterial.Unless your company justifies with a letter to HO as your presence was mandatory outside the UK

Also these guidance of no leaves greater than 180 days was published during Oct 2013 , so you should have checked before making travel plans and discussed with your employer.

Thanks,

Hi
Ive spoken to the company they can assist me with any letter I want. Here are the formatted dates as requested

1 May 2016 - 1 May 2015 - 49 days
May 2015 - 1 May 2014 - 355 days
May 2014 - 1 May 2013 - 22 Days
May 2013 - 1 May 2012 - 0 Days
May 2012 - 1 May 2011 - 107 Days

It does look like Ive got very slim chances ?


Thanks

vivekprd wrote:How is that possible ? My visa expires on May 2016.

Had you mentioned that in your opening post, my response would have been different.

vivekprd wrote:May 2015 - 1 May 2014 - 355 days

Given that you are self-employed, to work abroad was a voluntary decision from HO's perspective. The HO can argue that you could have chosen to not enter into contract / terminate your agreement with the client, searched for a different client than this one who could have hired you for a UK-based job etc.

It all depends on what documentary evidences you can provide to convince the caseworker, how lenient the caseworker is, and whether discretion is allowed for such huge excess (double the permissible limit).

Would you be able to tell me what evidences might be helpful. I went to basically setup an offshore company and had to make it operational.


Thanks

Indefinite leave to remain: calculating continuous period in UK wrote:Any time spent working off shore on the UK continental shelf, beyond the 12 mile zone defined as UK territorial waters does not count toward the continuous qualifying period for ILR, for example on ships or oil rigs. You must count this as an absence from the UK.

Were you within the 12 mile zone?

vinny wrote:

Indefinite leave to remain: calculating continuous period in UK wrote:Any time spent working off shore on the UK continental shelf, beyond the 12 mile zone defined as UK territorial waters does not count toward the continuous qualifying period for ILR, for example on ships or oil rigs. You must count this as an absence from the UK.

Were you within the 12 mile zone?