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ILR: Out of UK for 155 days with same employer on IND Sal

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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ILR: Out of UK for 155 days with same employer on IND Sal

Post by deepa767 » Sat Dec 03, 2011 3:34 pm

Hello Team,
By this feb I am going to complete 5 years, Team please clear my before apply ILR.

In last 5 years, I was out of country for 240 days, (around 9 entries),In 240 days one single stretch 150 days i was out of UK, worked with the same employer, during 150days salary paid in other country, I can able to get a letter from employer telling that during that period i was working them & as per company policy they paid in other country salary. No payroll in UK during that period, I can prove other country salary slips along with bank statements.
Visa type- Tier1,
here in UK from Feb2007
Is that any problem in my case? Kindly share your ideas & direct me in right way.

Thanks for your time,

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Post by sree_nair11 » Mon Dec 05, 2011 4:07 pm

In my opinion,

Sadly, This would be a problem as it proves that you were no Longer employed in UK. If you were getting Paid in UK, you could have got a letter from Employer and proved it as absence for Employment.

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Post by santoshganpath » Wed Dec 07, 2011 5:34 am

Hello deepa767,

I had the same issue but mine was a single absence of 116 days, working for a UK company outside UK (in India), got paid in UK, evidences submitted were UK bank statements and UK payslips, company letter, still got refused. Didn't understand why? Appealed against the decision, luckily judge allowed my appeal. Still waiting for the issue of visa. I applied for ILR on September 7, 2011. Check my posts.

In your case, you need get a very strong letter from your employer explaining your role, why you were needed to work outside UK for such a long period, company policy on pay while working overseas etc. Also, show your ties with UK during the whole of your absence period, gather as much evidence as possible to show that you were connected to UK during the absence period. You can provide any bills paid in UK while you were away like council tax bills, any insurance premiums (eg. car) etc.

Moreover you have also got 240 days absence where as the standard allowed absence is 180 days during the 5-year period without a single absence of more than 90 days.

So, prepare your application very well before you apply. All the best.


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Post by zahid.ali.anwar » Wed Dec 07, 2011 6:56 am

Hi deepa767,

If I would be at your place, I would have applied for an extension. Reason being, it is easy to get your visa extension rather than qualifiying for ILR and answer so many questions. Tier 1 are generally classed as economic migrants, so none of the tax came to HMRC for that one year. UKBA might accept your working in other country but since absence is also tied with the working abroad, so it might create a problem.

This is how I look at the problem...I think you should wait for sushdmehta or vinny replying your post...
The question is... to be or not to be....

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Post by Calos » Wed Dec 07, 2011 12:07 pm

Hi, Santosh,

I am sorry to hear your case of ILR. I am in the same situation. I wonder how strong or how detail is your employer letter from your judgement? I wonder if there is any way we could give it through?