Indefinite Leave to Remain - Extended stay outside UK

Hi Members

Could you pl advise if I am eligible to file for ILR given the below facts

I obtained the first HSMP visa on December 2005 for one year (old scheme) and further four years' extension in October 2006 (as rules changed to allow ILR after 5 years stay). These visas run out in December 2010 and after Judicial review I became eligible for ILR after 4 years viz. December 2009.

However, as during this period I spent two and half years outside the country for employment purposes - my UK employer sent me to their global office operations in the USA, would it be counted towards my continuous stay in the UK or I have violated the terms of the scheme and hence wouldn't be eligible for the ILR? FYI- my salary slips during the period of stay in the USA were generated by the USA office and credited into the USA Bank account

Any genuine advice kindly appreciated!

Thanks!

vishami4u wrote:FYI- my salary slips during the period of stay in the USA were generated by the USA office and credited into the USA Bank account

Hi

I think this is the crucial bit and unfortunately, I think it needs to have been credited to a UK bank account, in sterling for you to still qualify.

I'm no expert though, so wait for expert opinion or search the forum, there are loads of other questions just like this one - which is where I've gleaned this knowledge from!

So it doesn't look good, BUT... wait for expert opinion

i second that. Unfortunately they wont accept this. Rules are pretty clear that you need to be based in UK for 5 years. How can you prove this when not only you are living abroad but also getting paid abroad which means you have no relation to country (except having a stamp in your passport)...