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Applying ILR but with a gap of more than six months

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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theguy16
Newly Registered
Posts: 1
Joined: Mon Jun 13, 2011 7:38 pm

Applying ILR but with a gap of more than six months

Post by theguy16 » Mon Jun 13, 2011 7:42 pm

Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.

akash08
Member
Posts: 242
Joined: Tue Aug 26, 2008 7:59 pm

Re: Applying ILR but with a gap of more than six months

Post by akash08 » Mon Jun 13, 2011 10:21 pm

theguy16 wrote:Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
I would guess your case is a straight No. However I wish you luck. If you get ILR, please let me know. I and many of my friends would qualify as well. My old company used to send everyone back to India for 6 months after long stay in UK just to ensure they do not qualify for ILR and there are hundreds (if not thousands) people having similar case as of yours.. who would be happy to know if you qualify for ILR.

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Re: Applying ILR but with a gap of more than six months

Post by zahid.ali.anwar » Mon Jun 13, 2011 10:28 pm

theguy16 wrote:Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
The General acceptable gap is of 28 days. The new settlement guidelines has given discretionary power of 3 months gap in the hands of case worker. Meaning that if its is up till 90 days gap, they CAN accept you application for consideration. If the time duration is more than that, then they will not accept this.

So I am apprehensive about the out come of your case.
The question is... to be or not to be....

akash08
Member
Posts: 242
Joined: Tue Aug 26, 2008 7:59 pm

Re: Applying ILR but with a gap of more than six months

Post by akash08 » Mon Jun 13, 2011 10:34 pm

zahid.ali.anwar wrote:
theguy16 wrote:Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
The General acceptable gap is of 28 days. The new settlement guidelines has given discretionary power of 3 months gap in the hands of case worker. Meaning that if its is up till 90 days gap, they CAN accept you application for consideration. If the time duration is more than that, then they will not accept this.

So I am apprehensive about the out come of your case.
do not know where you got 28 days.. the rule is no more than 90 days of continous gap for 5 year case and no more than 180 days for 10 year long residency..

Discretion applies only for compassionate reasons.. This is clear case of somone leaving the country and started working in India and came back again. I do not see any hope. I have not really heard anyone applied for ILR in such scenario.

renzokuken
Member
Posts: 146
Joined: Tue Feb 23, 2010 10:23 am
Location: St Albans

Re: Applying ILR but with a gap of more than six months

Post by renzokuken » Mon Jun 13, 2011 10:59 pm

theguy16 wrote:
Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
No chance, wait until Oct 2013

jjkumar_73
Newbie
Posts: 34
Joined: Sun Jun 29, 2008 6:55 pm
Location: London

ILR absence 165 days

Post by jjkumar_73 » Sat Jun 18, 2011 11:42 pm

Hi Guys,

My case is also quite similar to this one.
I have been out of UK for 165 days and worked in India with only Indian Salary and no Uk salary and have not paid UK tax.
And by reading the replies, I too would not be eligible for applying the ILR at this stage.

Please advise by any chance if could apply or better to wait.

Thanks,
Jay

kenfrapin
Senior Member
Posts: 601
Joined: Wed May 13, 2009 8:07 pm
Contact:

Re: Applying ILR but with a gap of more than six months

Post by kenfrapin » Sun Jun 19, 2011 12:03 am

theguy16 wrote:Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
there is always a way around if you can get the required proof you were resident in the UK even though you did not get paid. While I dont encourage it, I have a very close friend who was out of the UK for almost 6 months but he had proof of his presence in the UK and his employer also helped out with a selectively worded letter for his absence......he paid a good amount to a good lawyer and waited a while, but he was successful in securing his PR.....what you need to prove is you were ordinarily resident in the UK though you were out because the HO are only interested in knowing you were residing in the UK during all the time you were away.....it's equivalent to being on a world tour for 10 months but its just a tour and your main home continued to be the UK....if you can prove that, no matter how improbable, you stand a chance...of course, it wont be easy

KP

jjkumar_73
Newbie
Posts: 34
Joined: Sun Jun 29, 2008 6:55 pm
Location: London

Re: Applying ILR but with a gap of more than six months

Post by jjkumar_73 » Sun Jun 19, 2011 6:44 am

kenfrapin wrote:
theguy16 wrote:Hi Experts, I need your kind suggestion before I apply for my ILR.

Here's my travel data to UK.

Sep 2006 till December 2007 - Work Permit (valid till Dec 2008)
November 2008 till now - ICT (After 2 times of extension of the same Work Permit, final extension is in ICT category)

As you can see I have a gap of continuous 10 Months in the entire stay. But it has been the same WP, same client, same Project in the last 5 years continuously.

Within that 10 Months gap, I was in India and was not getting UK salary.

Pls suggest if there's any issue in applying ILR now. Also should I ask my employer for any document specifying the 10 months gap to cover it up saying that I was in India for genuine reasons.

I ll highly appreciate your responses.
there is always a way around if you can get the required proof you were resident in the UK even though you did not get paid. While I dont encourage it, I have a very close friend who was out of the UK for almost 6 months but he had proof of his presence in the UK and his employer also helped out with a selectively worded letter for his absence......he paid a good amount to a good lawyer and waited a while, but he was successful in securing his PR.....what you need to prove is you were ordinarily resident in the UK though you were out because the HO are only interested in knowing you were residing in the UK during all the time you were away.....it's equivalent to being on a world tour for 10 months but its just a tour and your main home continued to be the UK....if you can prove that, no matter how improbable, you stand a chance...of course, it wont be easy

KP
Hi KP,

Thanks for that point...
Does proof of presence in Uk means....should one need to provide proof something like UK rental bills, utility bills, bank statements, etc... for the absent period...

Thanks,
Jay

kenfrapin
Senior Member
Posts: 601
Joined: Wed May 13, 2009 8:07 pm
Contact:

Post by kenfrapin » Sun Jun 19, 2011 9:15 am

You need to show you were ordinarily resident in the UK even though you were out for so long. So yes, things like rent, utility bills, tenancy agreement, council letter etc
So if you were genuinely resident here then you can be able to make a case of it but definitely require a solicitor's help.

KP

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