absence >90 days - what to do for ILR

[rajivbravo]

Mine is a similar case, My company has helped me for the letter. I was transferred multiple time, out of which none was above 90 days and in total 135 days. Apart from this I had a paid trip of 78 days and around 65 days annual leave..
Can anyone suggest on my chances please...

Chetan, would it be possible to get that solicitor's detail. It'll be a great help ..

Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

[rajivbravo]

Have you consulted any solicitor? ... I am looking for one as well ... mine is a similar case...a plus point I see is none of those trips are above 90 days...but the doubt is regarding the salary that was paid in the country to which I was transferred and not in UK.

HI everybody, I got my Initial HSMP Visa in March 2006. and got extended under TIER1 general in march 2008 for 3 years until march 2011.

Now i am planning to apply for ILR in this march(2010). But i have been outside the UK in 2006 under HSMP for 105 days continously and more than 200 days outside overall in the last four years. But for 2006 i have a letter from my UK employer that i went to india on training.
ou
My question is is it better to apply for ILR this march or can i
WAIT until december this year so that i can then match the continous stay in the UK ? is the second option valid as my present tier1 visa is valid until march 2011.

[rajivbravo]

pkumar, not sure how correct that is ... as i have seen cases where individuals are paid allowances in UK and sal in their country of origin.. They have been granted ILR..
But have spoken to a OISC consultant who said not possible, and have asked me to seek second opinion from a solicitor...

You had a chance if you were paid in UK and you paid NI.
There are very strict on 3 month rule (please read few postings in this forum). You can try talking to Solicitors and see if they see any chance.
All the best!

[rajivbravo]

Helpline ... wow ...does that really work !! you can call three times to get 3 different answers ....

Simple example is last year when I got my Tier1. I called them to check about the status of my visa and they say under consideration and could take time. And i got my passport on the same day

I would call Helpline and see if they can help.

Frankly, employer's contract will not be considered as exception.

My classmate (15-20) people were in indian based company who use to visit UK and had similar gaps ... mostly around 8-9 months gap .. but none of them succeeded on getting ILR, i didn't know "how" much they tried but none of them got it ... not sure if they discussed the case with solicitor.

As i said .. if salary was paid in UK and you paid NI .. coupled with employer letter would have helped.

Also if gap is more than 90 days then you are NOT eligible for in-person.

[brandnew]

Hi rajiv,
Mine is also similiar case, was away in India continuously for 5 months and i wasnt paid allowance in the UK ( we get Salary in India and allowance in the UK). I can get a letter from employer stating that 5 moths were due to business reasons. Your friends who got ILR were of the same situation? Your response will be much appreciated. I have contacted some solicitors but they said they cannot gurantee but they can try.

[rajivbravo]

hi brandnew
I have spoken to my friend..and what he has suggested is that thrz nothing B&W and we are at mercy of Caseworker.... His caseworker even told him that don't consider it as a gap if your WP hasn't changed....
In any case you should get a letter from your company

I'll try my hand... once Life in uk is done.. i'll book an appointment.

And thanks Chetan ..you are doing a real great job...

Hi rajiv,
Mine is also similiar case, was away in India continuously for 5 months and i wasnt paid allowance in the UK ( we get Salary in India and allowance in the UK). I can get a letter from employer stating that 5 moths were due to business reasons. Your friends wh
o got ILR were of the same situation? Your response will be much appreciated. I have contacted some solicitors but they said they cannot gurantee but they can try.

[brandnew]

Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

[rajivbravo]

Yupps, that's what I am also doing. Remeber these are my personal opinion based on other's experience and not on any HO laid directives. Go ahead if you feel you should considering that. All d best.

Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

[rajivbravo]

For all those lost in a jungle like me ..here's another story

http://talk.uk-yankee.com/index.php?topic=46279.0;all


and how much a CaseWorker is important here is another story

http://www.ahooi.co.uk/post/45958347/ho ... ide-the-uk

http://www.entryclearanceservices.com/i ... eLeave.php


I am sure you must have had some clarification and lots of doubts .. so do I ... Happy Querying

[brandnew]

good stuff rajiv,
Every time i read some thing on internet i get to know a new/confused thing. I didnt know that Life in the UK certificate is only valid after a week it has been issued!

I wish i get a nice and helpful caseworker when i apply!!
Any idea which PEO has high success rate for complicated cases(like yours or mine)?!

[rajivbravo]

How can u be that sure ... here is another quote from my friend..he got his appoint after 2 days...
Enjoy confusions.. but don't live with those

hmm interesting point...as of now no idea but yes you can ask for that information straight from HO...that advantage Freedom of Information gives you. You can use whatdotheyknow.com. Remeber you can ask info that is generic in nature and not case specific.

good stuff rajiv,
Every time i read some thing on internet i get to know a new/confused thing. I didnt know that Life in the UK certificate is only valid after a week it has been issued!

I wish i get a nice and helpful caseworker when i apply!!
Any idea which PEO has high success rate for complicated cases(like yours or mine)?!

PS: All information provided by me are based on discussion with people (who can be wrong) only and not any legal document. You should decide on your own.. no pointers to me please

[fahadz1]

Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

what will happen if absence is > 90 days and a person apply for ILR through postal application ?

If he rejected will he will be given FLR to complete 5 years ? and been told to apply ILR again after complete required timescale ?
Will he get ILR ?

What will happen ?

[fahad]

Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

what will happen if absence is > 90 days and a person apply for ILR through postal application ?

If he rejected will he will be given FLR to complete 5 years ? and been told to apply ILR again after complete required timescale ?
Will he get ILR ?

What will happen ?

still i'm waiting for my answer of my post
thanks

[Zeta]

Guys, can someone help me with my query? My problem is that I decided to go to give birth in my home country, everything was arranged before I learnt about the 90 days rule.. First, I will be on an annual leave (paid by a UK employer) of 25 days followed by a paid maternity leave (by the same employer). Will this still cause me problems when I will apply for ILR upon the expiration of Tier 1 (the five year period will expire in 2014).

Supposedly, if I return to the UK after 120 or 130 days, is there a chance to extend the Tier 1 further (after 5 years are expired) in order to make up for the missed period? Or will the clock be reset indeed? If reset, can I still have a chance to obtain a FLR (up to 1/1.5 or 2 years) in order to qualify later? Or should I apply for a new visa and start the whole 5 year process again? I am really confused about all this stuff, if someone knows anything about this,can you please help?

Z.

[komalmathur]

Yes. That's true. A close friend of mine has the same case. He was sent offshore for knowledge transfer. For his ILR company gave letter(similar to this) and it was accepted. Though I must mention here that he applied through solicitor.

I think there are some successful cases where the gap was more than 90 days ( continuous ) provided they have letter from employer confirming that that period was due to business reasons and doesnt matter whether or not they were paid in the uk. I dont know anybody in person but i read some stories in this forum.

Chetanojha,
Can you confim if my understanding above is correct to the best of your knowledge?

hi,
Has any one got recent success in getting ILR when the 90 day rule was broken... can you please tell me what exactly was the case and what all documentation was provided. thanks

kim

[komalmathur]

Thanks rajiv,
so all i need is to take a letter from employer confirming that the 5 months absence was due to business purpose and try our luck in PEO in person? And ofcourse pary GOD!

Thanks again.

hi brandnew

could you please tell me if you have applied and if you were successful

thanks