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ILR rules for absence less than 90 days

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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raghu0307
Member
Posts: 160
Joined: Fri Jan 02, 2009 12:20 pm

ILR rules for absence less than 90 days

Post by raghu0307 » Mon Jul 11, 2011 10:47 pm

Dear All,

Sorry if this has been discussed before and if it has been it would be most helpful if you can point me to useful links relevant to my case. This may be a bit too soon but I would still like to be absolutely clear about ILR rules.

My situation:

I got my General tier 1 VISA to start from March 16 2009(I had applied in Jan 2009 and come under the old rules). However I came to UK on 05th June, 2009(within the 3 months). I started looking for work but couldnt find employment immediately. In Jan 2010, I had to visit India due to emergencies and had to stay there for less than 2 months(this again lesser than the 3 months in the ILR rules). I immediately found employment upon returning and have the required points for extension and ILR.

However the caseworkers guide says this:

Time spent here may exceptionally be aggregated and continuity not insisted upon for cases where there have been no absences abroad and authorized employment has not been broken by any interruptions of more than 3 months and amounting to 6 months in the whole of the five year period..

The thing that concerns me in the above guideline is this:
It says - "authorised employment has not been broken by any interruptions of more than 3 months"

Does this mean I have to be in authorised employment during any interruptions in my stay. In my case I was not employed when I went to India. Does this affect my ILR eligibilty.

Any guidance most appreciated.

Thanks
Raghu
Last edited by raghu0307 on Tue Jul 12, 2011 8:52 am, edited 1 time in total.

raghu0307
Member
Posts: 160
Joined: Fri Jan 02, 2009 12:20 pm

Post by raghu0307 » Tue Jul 12, 2011 8:23 am

any help would be appreciated.

kenfrapin
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Posts: 601
Joined: Wed May 13, 2009 8:07 pm
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Post by kenfrapin » Tue Jul 12, 2011 9:38 am

Yes, it is too soon, as the rules when you are eligible may change a lot.
Also, its all guess work now, but you entered the UK legally on 5th June 2009 and as long as you can prove you are employed, in the year you qualify should be fine.

But again, no one can state for sure now as rules are changing a lot

KP

raghu0307
Member
Posts: 160
Joined: Fri Jan 02, 2009 12:20 pm

Post by raghu0307 » Tue Jul 12, 2011 9:48 am

kenfrapin wrote:Yes, it is too soon, as the rules when you are eligible may change a lot.
Also, its all guess work now, but you entered the UK legally on 5th June 2009 and as long as you can prove you are employed, in the year you qualify should be fine.

But again, no one can state for sure now as rules are changing a lot

KP

Thanks a lot KP,

Just one more query. When you say the rules change.. I was under the impression that I would only fall under the same rules for both extension as well as ILR that are in place when I initially apply(meaning to say that I apply for general tier 1 initially taking into account the rules at that time for extension and ILR and onfirming I would be eligible). I say this because I found something on the website that I fall under the old rules for extension(old points system) which makes me eligible for extension in March 2012

kenfrapin
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Joined: Wed May 13, 2009 8:07 pm
Contact:

Post by kenfrapin » Tue Jul 12, 2011 10:07 am

Were you asking about ILR or extension? Your question looked more towards your future ILR and not an extension.
For extension, there is nothing to worry about as per rules right now, as long as you meet the required points to extend - there is nothing to do with how long you were out of the country because you can do what you want while on Tier 1

KP

raghu0307
Member
Posts: 160
Joined: Fri Jan 02, 2009 12:20 pm

Post by raghu0307 » Tue Jul 12, 2011 10:12 am

Perhaps I wasnt clear in my question. letme try and explain.

I was pointing towards ILR itself but my query was on a more general perspective and it was this:

In the manner that I now automatically fall under the same rules for extension that were prevalant during the time of my application to General tier 1 VISA, should I not fall under the same rules for ILS that were prevalant during the time of my application (irrespective of whether the rules change or not)

Your help and your feedback is most appreciated

Thanks
Raghu

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