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ILR - out of country for 8 months

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missis

ILR - out of country for 8 months

Post by missis » Wed Mar 09, 2005 7:52 pm

Hi

I will be completing 4 years on work permit this year but I had gone back to India for 8 months 2 years ago. Will this disqualify me from getting ILR? Will the home office be able to find out that I was out for that period?

Many thanks for any advice

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Mar 09, 2005 9:03 pm

What was the purpose/ nature of your trip to India and why is it a concern for you as to the Home Office having knowledge of said absence?

missis

Post by missis » Wed Mar 09, 2005 11:04 pm

I had some health problems in the UK which used to disappear in my trips to India. I went back to India hoping that they would get sorted. During this period I was working for my company as a contractor. I was re-employed by my company when I came back to the UK. I am concerned about the home office knowing this because a maximum of 3 months absence is acceptable for ILR. I dont think I can get a proof for my medical reasons.

davidm
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Posts: 78
Joined: Mon Dec 13, 2004 5:09 pm

Post by davidm » Thu Mar 10, 2005 10:23 am

missis wrote:I had some health problems in the UK which used to disappear in my trips to India. I went back to India hoping that they would get sorted. During this period I was working for my company as a contractor. I was re-employed by my company when I came back to the UK. I am concerned about the home office knowing this because a maximum of 3 months absence is acceptable for ILR. I dont think I can get a proof for my medical reasons.
I had a five month absense from the UK for work- was doing a project in Australia. I was being paid in the UK for that period and my employer gave me a letter saying that they had to send me to Australia for business reasons. I had indicated this absense in my ILR application (the Home ofice would have known it anyhow since my passport had an Australian work permit on it). Did not have any problems with my ILR.
On the other hand, my wife had to go home in between jobs and was away for 4 months due to the death of her dad. She had to leave the UK before she got her new work permit, she got her new work permit approved two weeks after she left the UK and came back to the UK in 4 months. Home Office turned down her ILR application saying that she had left the UK and the clock would be reset, even though she had compassionate grounds and a death certificate to prove the compassionate reasons. She got her ILR as my dependent in the end (she would have got it eight months before me as she came to the UK before me).
So it depends on if you can prove that you were employed by the same company on the same terms during your absence. A letter from the company would help which says that you were employed by them as per the terms of your work permit during your absense from the UK. If not, it will be difficult to get ILR as Home office might decide to reset the clock.

missis

Post by missis » Thu Mar 10, 2005 4:15 pm

But I was contracting for my employer in India and was not actually employed by them during my stay in India. I guess that would be a problem then?

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Mar 10, 2005 8:43 pm

missis wrote:I had some health problems in the UK which used to disappear in my trips to India. I went back to India hoping that they would get sorted. During this period I was working for my company as a contractor. I was re-employed by my company when I came back to the UK. I am concerned about the home office knowing this because a maximum of 3 months absence is acceptable for ILR. I dont think I can get a proof for my medical reasons.
Any absences of more than 3 months consecutively from the UK must be declared - such does not necessarily impact on your eligibity for ILR pursuant to this being due to bonafide employment/ business or other compelling grounds including terminal illness or bereavment. You and/or your employer as appropriate must detail said events in writing so your lack of proof is bad news. Its always best to be honest with any immigration application - the Home Office have your entry records on file so they can always investigate matters further if there are any discrepancies. By the way you can be stripped of ILR with subsequent deportation if you acquired it through misrepresentation of a material fact - only you can decide if its worth the risk to do such.
missis wrote:But I was contracting for my employer in India and was not actually employed by them during my stay in India. I guess that would be a problem then?
So were you between work permits during your absence? It may be the ILR clock re-set to zero upon your departure so the issue of an imminent application is moot.

missis

Post by missis » Thu Mar 17, 2005 9:54 am

Thanks for your reply. I was not between work permits. I went back to India and my employment terminated and I signed another contract with the same company to work as a contractor for them from India. After being in India for 8 months I asked the same company if could join them again and they agreed. My work permit was still valid so I just came back to the UK.
A friend of mine recently applied for ILR and he was absent from UK for 6 months because his company here had sent him to India and his ILR was rejected although he had a letter from his employer stating that they had sent him to India.
Do home office have our departure records?

davidm
Junior Member
Posts: 78
Joined: Mon Dec 13, 2004 5:09 pm

Post by davidm » Thu Mar 17, 2005 4:30 pm

missis wrote:Thanks for your reply. I was not between work permits. I went back to India and my employment terminated and I signed another contract with the same company to work as a contractor for them from India. After being in India for 8 months I asked the same company if could join them again and they agreed. My work permit was still valid so I just came back to the UK.
A friend of mine recently applied for ILR and he was absent from UK for 6 months because his company here had sent him to India and his ILR was rejected although he had a letter from his employer stating that they had sent him to India.
Do home office have our departure records?
Home office have records of arrival definitely and I am told that they can get departure records from airline data if they want. Whether they will go through all that headache for an ILR application is another thing.
IMHO, it is prudent to be honest as far as possible when you apply. If they catch you concealing material facts, you will be in trouble.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Mar 17, 2005 6:22 pm

missis wrote:Thanks for your reply. I was not between work permits. I went back to India and my employment terminated and I signed another contract with the same company to work as a contractor for them from India
1. A WP and any visa thereof is no longer valid when your employment is terminated.
2. Your WP is based on a defined relationship with a UK employer as designated by the UK Work Permits System not an engagement per a system in India. The re-employment is moot in so far as the UK Work Permits System is concerned.
missis wrote:After being in India for 8 months I asked the same company if could join them again and they agreed. My work permit was still valid so I just came back to the UK.
See response above - no your WP was not valid and should not have been used for re-entry into the UK. In effect you are an illegal entrant by misrepresentation of a material fact to gain leave to enter the UK. Pursuant to this you are not able to apply for any further leave to remain under the immigration rules and are liable to removal proceedings.
missis wrote:A friend of mine recently applied for ILR and he was absent from UK for 6 months because his company here had sent him to India and his ILR was rejected although he had a letter from his employer stating that they had sent him to India.
I can't really comment in detail on this as I don't know all the facts of the application - however it appears that the absence was deemed by the Home Office to constitute a break in the time period for settlement.
missis wrote:Do home office have our departure records?

Embarkation checks ceased in the late 90's but your entry records are on file and can be cross referenced with other entry/ exit stamps in your passport. Where there are concerns about your presence the Home Office will request for appropriate evidence in writing and/or via interview (they will go through everything in detail). You are required to be truthful in your application. Can I suggest you go see a competent immigration lawyer/practitioner immediatley if you still intend to remain in the UK. As things stand an ILR application is the least of your worries.

missis
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Post by missis » Fri Mar 18, 2005 11:14 pm

Thanks for your concern. I really appreciate it. I know for a fact that the company lawyers have sorted the legal aspect of it.

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