Getting conflicting advice, I have 165 days absence. HELP !!

[itsvinod2k]

Hi

Quick background

10 Jun 2006 - Entry clearance on WP (valid till 2008 Jun)
17 Dec 2007 - Returned to India and Changed job
01-Jun-2008 - New work permit and entry clearance with 165 days GAP !
09-Jul-2008 - Remained in UK and got WP extension till 2011
10-Feb-2009 - Changed to Tier 1 General Migrant valid till 10 Feb 2012

As per the above background, if I refer to the application form ( http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf ), the section on "Continuous leave" on page 27 states as below

C1. Please confirm that you have not been absent from the United Kingdom for more than 180
days in any 12 calendar months during the specified period of continuous leave

Now, when I consulted couple of solicitors they mention that I would not qualify because I have more than 90 days gap and the other one says that the new entry clearance is an issue. Can someone help here ??

Regards
Vinod

[dimsav]

I am afraid, your 5 years clock has been reset on 01-Jun-2008, as you had more than 90 days in a single absence abroad. This leads to your continuous residency in the UK being broken, see the guidance on ILR - calculating continuous period in the UK:
"...No single absence abroad must be for more than three months at a time and they must not total more than six months..."

[itsvinod2k]

I am afraid, your 5 years clock has been reset on 01-Jun-2008, as you had more than 90 days in a single absence abroad. This leads to your continuous residency in the UK being broken, see the guidance on ILR - calculating continuous period in the UK:
"...No single absence abroad must be for more than three months at a time and they must not total more than six months..."

Thanks a lot for the quick response and it is very clear that the clock is reset. However, I just wanted to clarify one last point.

When I had the break starting Dec-2007 it was because I quit from my job to join a different one. I had to return to india and handover my responsibilities and I changed job when I was in India (Jan-2008) and filled a new work permit in Feb 2008 (though i had a valid one from previous employer) which took more than 4 months to get approved (from Feb-2008 to May-2008). After WP got approved I came to UK on 01-Jun-2008. I recollect sometime back I heard there was a immigration stating the duration an application is under consideration as valid period to rightfully remain in UK. I just wanted to check with you though I had the more than 90 days break but most of this time the application for the new work permit was pending with Homeoffice, does this qualify in any way at all to reduce the number of days away?

Thanks in advance. I know I do not have much of a chance but to wait till the next 5 years based on the reset date. However, wanted to ensure I have tried all options. I hope you would understand my position

Thanks
Vinod

[khalidmirza]

I am afraid, your 5 years clock has been reset on 01-Jun-2008, as you had more than 90 days in a single absence abroad. This leads to your continuous residency in the UK being broken, see the guidance on ILR - calculating continuous period in the UK:
"...No single absence abroad must be for more than three months at a time and they must not total more than six months..."

Thanks a lot for the quick response and it is very clear that the clock is reset. However, I just wanted to clarify one last point.

When I had the break starting Dec-2007 it was because I quit from my job to join a different one. I had to return to india and handover my responsibilities and I changed job when I was in India (Jan-2008) and filled a new work permit in Feb 2008 (though i had a valid one from previous employer) which took more than 4 months to get approved (from Feb-2008 to May-2008). After WP got approved I came to UK on 01-Jun-2008. I recollect sometime back I heard there was a immigration stating the duration an application is under consideration as valid period to rightfully remain in UK. I just wanted to check with you though I had the more than 90 days break but most of this time the application for the new work permit was pending with Homeoffice, does this qualify in any way at all to reduce the number of days away?

Thanks in advance. I know I do not have much of a chance but to wait till the next 5 years based on the reset date. However, wanted to ensure I have tried all options. I hope you would understand my position

Thanks
Vinod

Your view point is only applicable only for applications submitted from INSIDE UK and not forom overseas