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ILR continuous residence for folks who are seconded in UK

Posted: Mon Dec 31, 2012 4:52 pm
by Pratham
I am sure this will be relevant to a large number of users esp folks who are working in the UK on behalf of Indian IT companies and were sent back to work to their home office for certain periods during 5 years.

Though these folks were away for reasons related to work, they would be paid in INR and employer based out of UK.

I doubt the employer would provide a strong letter for such trips as its not secondment but the other way around, I would appreciate if readers have cases where they did receive this and the content of such a letter.

I am concerned about this rule in the new guidance and its impact on such cases -

"If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the
continuous period requirement is considered broken. "

Can folks who have been approved ILR and had similar case please respond on how they dealth with the absence e.g. its reason, evidence etc.

Also folks planning to apply in near future discuss their plan.

Re: ILR continuous residence for folks who are seconded in U

Posted: Fri Jan 04, 2013 11:20 pm
by kuman32
Hello mate, I am almost falling in the same case as yours, could you please tell me if you have any response to your message & any such case was approved for ILR. I have 10 months of break but can divide that in 12 month period.. but CANNOT show UK salary..

any help is appreciated..
thanks
Kumar

Posted: Wed Jan 09, 2013 4:30 pm
by SU2012
Hi Pratham,

I am in same situation as yourself. I work for an Indian company too and have spent around 100 days at offshore for which only Indian salary was paid. I am also actively looking for some cases on this forum who applied for ILR recently on Tier1 with more than 180 days absences in last 5 yrs.

The guidance clearly states that its 180 days in each consecutive year. So we should ideally just list down the absences and not give any proof (if we are on Tier 1 visa and dont state any absence due to compelling/compassionate reasons). However, I am worried what to do in case the case worker aks for employer letter for absences. That is why I am trying to see if someone recently has got ILR in this situation.

Lets hope that someone in similar category will share their experience soon and take away all our fear and confusion !!