ILR query

Hi iam new to forum and i would be gald for ur moral support and kind help. Friends i came to uk on 28 sep 2002 on a work permit for 4 years. later i got HSMP which is valid till oct 2008. iam plannig to apply for ILR in oct 2007, but i have three main problems

1) My absenses

10 feb2003 - 1st may 2003 78 days (personel holiday)
24 nov 2003 - 19 feb2004 86 days (personel holiday)
29 nov2004 - 7 april2005 128 days (upgrade skills and holiday)
26 dec2005 -6 feb 2006 41 days (personel)
30 nov 2006 - 11 feb 2007 71 days (personel)

total 404 days

2) i have only last one year payslips from my workpermit employer and i have no p60s of any year. and the company moved to spain in march 2007 and no longer in uk.


3)my present job is non prefessional,with a salry £20000 PA ,started in may2007 and the contract expires in november2007. i work 4nights on and 4 nights off and in this 4 off iam preparing for SAP (FICO). and expecting a good job by early next year.

Lots of absences, no p60s and non professional job at present,
How are my chances of ILR being approved. Do i need to take help from solicitor or shall i do it myslef . whcih way is best, do i send it by post or shall i approach personally or shall i send my solicitor from my behalf.

friends plz help me suggest me and i will be very thankful for your valuable suggestions.

cheers

Was,
It is stated clearly in the HSMP guidance rules that you cannot 'leave outside the UK for more than 3 months within a year but you left the UK more than this stipulated period on each of your stated vacation. I think you need to seek proper advice from a well tutored immigration solicitor. I had a contract role in Amsterdam and had to call HO for advise. They informed me that I cannot stay out of the UK for more than 3 months within a year. I had to forfeit this contract because it was a permanent role and the company in question was ready to offer a work permit.It was a big decision but I have to let go. You need a good solicitor to advice you on this. It's a very unique case on this board.

Expert members, please, advise if in contrary with my advise.

Cheers,mate.

This is really confusing.

I personally have a similar case, but the only difference is that I am still on a work permit and that I am planning to apply for HSMP very soon.


I have a very close friend of mine, who had his ILR approved even though he wasn't physically present for over 200 days in a single calander year in the 5 year qualifying period.

This isn't the only case. I can probably cite many other examples aswell..


1971, Can you point me to the guidance document which talks about the 3 month rule. Frankly, all I have read is 5 years of continuous presence in UK. However nowhere they have defined the term 'continuous presence'.


Experts kindly advice. Also please post the link for the guidance.

Cheers
PG

1971 wrote:Was,
It is stated clearly in the HSMP guidance rules that you cannot 'leave outside the UK for more than 3 months within a year but you left the UK more than this stipulated period on each of your stated vacation. I think you need to seek proper advice from a well tutored immigration solicitor. I had a contract role in Amsterdam and had to call HO for advise. They informed me that I cannot stay out of the UK for more than 3 months within a year. I had to forfeit this contract because it was a permanent role and the company in question was ready to offer a work permit.It was a big decision but I have to let go. You need a good solicitor to advice you on this. It's a very unique case on this board.

Expert members, please, advise if in contrary with my advise.

Cheers,mate.

It is 3 months continuous, not 3 months total. if it is 3 months continous then your stay is considered broken

shy
128 days which i spent outside uk includes the course i did which was sponsered by my company and my holidays as well. But the main problem is i dont have any paperwork to support that and the company is nomore in uk.


I request the senior members as well to look into my case and give me the suggestions.

If anyone can suggest me the good solicitor i will be very thankful.

cheers
was

SYH wrote:

1971 wrote:Was,

It is stated clearly in the HSMP guidance rules that you cannot 'leave outside the UK for more than 3 months within a year but you left the UK more than this stipulated period on each of your stated vacation. I think you need to seek proper advice from a well tutored immigration solicitor. I had a contract role in Amsterdam and had to call HO for advise. They informed me that I cannot stay out of the UK for more than 3 months within a year. I had to forfeit this contract because it was a permanent role and the company in question was ready to offer a work permit.It was a big decision but I have to let go. You need a good solicitor to advice you on this. It's a very unique case on this board.

Expert members, please, advise if in contrary with my advise.

Cheers,mate.

It is 3 months continuous, not 3 months total. if it is 3 months continous then your stay is considered broken

.

Most countries using westernized immigration rules usually have a rule similar to this:

'The government of (blahblah) may cancel your visa at our option if you are absent from the country for more than 90 days'

It doesn't usually specify 'within one year' because that is a stand-alone rule for 90-day continous no matter when it happens.

The 'within one year' OFTEN applies to being absent for more than 50% of the time during a given 12 months, or possibly within a calendar or fiscal year. There is variation on that depending on government and sometimes visa type.

FURTHER, most countries also include the option: 'the visa holder may apply at the immigration office/service and explain why it is necessary to be absent in excess of these limits' and it is virtually always granted.

The policy is set up to catch habitual activity of leaving the country and not complying with minimum residency requirements, such as taking undeclared work outside the country and generating undeclared income while claiming some sort of residency.

I'm not accusing you of this; I am pointing out the theory as to why governments have policies like these in place.


When leaving a country for extended periods, it is your responsibility to declare beforehand what & why you are doing so, and your declared income records need to be in order to match your in-country/out-of-country presence and work.

It is the responsibility of the visa holder to preserve these records for examination by the government upon demand.


Given the description of your situation, you need professional advice, both accounting and legal.

If you make an application without having all your records & explanations in order, your opportunities for being denied are vastly increased.

And, yes, the system is not perfect and you will hear many anecdotal stories about people who skipped through the system.

They were lucky, or maybe their circumstances are quite different from yours in some key aspect.

Don't rely on vague anecdotes; it is unlikely it will be enough information for you to evaluate your situation perfectly.

Decide if you want to gamble or be sure.

To be sure, get professional assistance.

the Admin

was wrote:shy
128 days which i spent outside uk includes the course i did which was sponsered by my company and my holidays as well. But the main problem is i dont have any paperwork to support that and the company is nomore in uk.


I request the senior members as well to look into my case and give me the suggestions.

If anyone can suggest me the good solicitor i will be very thankful.

cheers
was

The admin is offering good advice.
I am just telling you what the guideline is
I wasn't paying attention to all your details but now that I look again. It could be considered suspicious that your absences are grouped together. And having no documentation doesn't help. If it was up to 3 months with one week here and one week there, it is more palatable and plausible. Otherwise long absences should be explained. For instance but don't take my idea for your application, when my first nephew was born I went back to the usa for a couple of months. It was good timing I was in between assignments. For me, my application isn't pristine so I am throwing everything in including the Spam sink such as 5 years worth of electricity bills. Technically I don't need to provide it, I think its more relevant for naturalization than ILR but if it removes doubt from their mind, then I'd rather give them more than less.
The taxes, hey I am running a LTD on my own and with some int'l tax issues and I am losing my mind. As soon as I get my head around it, the answer will make perfect sense but until then, its either sit down and read all the materials on the website or go to a professional. Only you can assess your situation because you know all the particulars
I find it frustrating on the forum because you have to pull teeth from people to give up the info that very well may help them and they try to hide it bad info so they can hear the answer they want. Then someone susses them out and that doesn't help anyone by trying to hide bad info. The HO very well can find that bad info and call you on it so you are better off explaining in detail your situation to us and you will get better feedback that way. That's the best I can tell you without knowing your full situation.