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v3 · Member Joined: 27 Sep 2006 Posts: 76

Hi All,

Have been reading various faq's and posts about holidays. I am wondering about my situation. My ILR is due in december 2012

I have these holidays in last 5 years

1. two 30 days of annual leave
2. once went to india for 7 months (roughly 160 days) for operation and maternity leave : I had my UK salary ( normal salary for first 3 months and 4 months of SMP coming in my bank account)
3. went to india for 6 months on a business development . I was a ltd company director. I have had normal payments, salary coming into my bank account. This is a trip i had to go to build my company but my worry is how will provide letter justifying this and from whom ?

Looking at this situation i think my application would be complicated ? what should i do in this case

a. get extension now and apply for PR when my gap is reduced ? i.e. in another 7 months ?
b. apply for ILR now with justifications ?

really appreciate any help/thoughts on this case

cheers
V3
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cheers
v3

v3 · Member Joined: 27 Sep 2006 Posts: 76

please suggest your thoughts.. thanks in advance
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cheers
v3

wpilr_nov12 · Guru Joined: 07 Mar 2012 Posts: 1775

With option (a), what changes ie when were these breaks from? This will determine your best course of action.
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v3 · Member Joined: 27 Sep 2006 Posts: 76

I got my tier 1 visa in dec 2007, came to uk in Jan 2008
got extension in dec 2009 and have my visa valid till dec 2012.

My trips were from

1. feb 2010 to sept 2010 ( this was maternity + complicated operation post child birth)

2. dec 2011 to may 2012

i was reading in this forum about ILR clock reset plus new guidelines. will my trips effect my ILR application when i apply in dec 2013 after spending 1 extra year to make up my holidays ?

please help i am in dillemma ..i should have been more careful before planning these trips Sad

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cheers
v3

wpilr_nov12 · Guru Joined: 07 Mar 2012 Posts: 1775

By the looks of it you are safe from any complications to apply in May 2017, provided you meet requirements as at that time.
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v3 · Member Joined: 27 Sep 2006 Posts: 76

2017 ?? sounds too far Sad

when i called home office the lady told me to apply after a year i.e. december 2013 to make up the 6+7 months outside uk

any one else any thoughts on my case ?
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cheers
v3

wpilr_nov12 · Guru Joined: 07 Mar 2012 Posts: 1775

Based on your previous/numerous posts, the husband has ILR, wife is on Tier 1 G. The wife is now considering applying for her ILR.

Because the wife is applying as a T1G, she needs to meet her residency requirements independently.

The residency requirement is '5 years of continuous stay in UK in eligible catogory/ies'.

However the continuity has been broken most recently due to absence from UK during Dec11 to May12, albeit for business reasons. Keeping justifications/evidences aside, the clock has been reset to May12 as the fresh beginning of a 5 years period.
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sushdmehta · Posted: Mon Oct 29, 2012 3:41 am Post subject:

When considering absences, there are two determining factors:
1. No more than 180 days absences in total in the 5 year period.
2. No single absence of more than 90 days.

See also Annex B -> 2.3 and this post.
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v3 · Member Joined: 27 Sep 2006 Posts: 76

thanks Sushdmehta

if i get employment letters from my employer for both the visits will that help the case ?

I was working from home and my employer needed my services and is ready to provide me letter

any thoughts
_________________
cheers
v3

ISingh2008 · Newbie Joined: 11 Nov 2012 Posts: 9 Location: Reading, UK

Hi V3,
My Case is also quiet similar to yours. I got my 1st HSMP Visa on 15th Jan 2008 for 2 years. Then got extension for 3 years under Tier 1 starting 15th Jan 2010. So ideally I would have been eligible for ILR Mid December 2012. BUT I went out of UK in 2010 (Jan 2012 till July 2010) for a total of 176 days for some personal reasons (But no Trip was more than 90 days in total). Apart from this I have been going out of UK for vacation etc and now the total number of days outside UK is approx 360. So to be eligible for ILR I need to get another extension anyway, in order to meet the 180 days requirement...
BUT I am not sure if I should apply for ILR when my total days out of UK is less than 180 days in the last 5 years (i.e. in 2015) or should I apply once I have completed (365 X 5) - 180 days in the UK. In the later case I need to stay in the UK for another 6 months or so to be eligible for ILR. I'd appreciate your response on this.
Also, if anyone on this forum has some advise on this, kindly do post your response. It will be a help.
Many Thanks